OUR GOVERNMENT 

LOCAL,STATE AND NATIONAL 


JAMES AND SANFORD 


WISCONSIN EDITION 







Class _X 'fv S4_ 
Book 7 \ 3 
CopghtN'.’_ 


COPYRIGHT DEPOSIT. 






OUR GOVERNMENT 


LOCAL, STATE, AND NATIONAL 



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OUR GOVERNMENT 


LOCAL, STATE, AND NATIONAL 


BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTOR^ IN NORTHWESTERN UNIVERSITY 

AND 

A. H. SANFORD, M.A. 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, 

WISCONSIN 


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NEW YORK 

CHARLES SCRIBNER’S SONS 

1903 


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COPYRIGHT, 1903, BY 

CHARLES SCRIBNER’S SONS 

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Published June, 1903. 


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Nortooofi i^rtss 

J. S. Cushing & Co.— Berwick & Smith Co, 
Norwood, Mass., U.S.A. 



PREFACE. 


The subject-matter herewith presented partially repre¬ 
sents the plan pursued by the authors as teachers of civil 
government for a number of years in high school, academy, 
and normal school. It has been found that a study of the 
methods by which the affairs of government are conducted 
gives constant interest to the work, and, consequently, the 
practical side of government has been emphasized. But 
while our desire has been to bring the actual working of 
the institutions under which the student lives into promi¬ 
nence, we have also attempted to give such accounts of the 
origin and early development of forms of government as 
will assist in explaining their process of growth. The plan 
of discussion is similar to that followed in “ Government 
in State and Nation.” The general favor with which that 
text has been received leads to the belief that it fully meets 
the requirement of the Committee of Seven for such schools 
as present civil government in the third or fourth year of 
the course. In many cases, however, the subject is taught 
earlier in the course, and the present work has been pre¬ 
pared in answer to the requests of teachers for a text 
suitable to this class of students. 

The arrangement is such that either Local (Part I), 
National (Part II), or State Government (Part III) may 
be studied first. In the work on local and State govern¬ 
ment it is not expected that the student will leant all of 
the different practices found in the various States, but that 
he will compare them with those of his own State. 


VI 


PREFACE. 


While some of the discussions and many of the sugges¬ 
tive questions are intended to make students realize more 
completely their duties as citizens, many more having a 
local bearing will occur to teachers. It is scarcely to be 
hoped that all of the books and magazines mentioned will 
be found in any high school library, but the need for sup¬ 
plementary reading is being met through the rapid increase 
of public libraries. A working library on the subject of 
civics may be accumulated in a short time if only a few 
of the books given in Appendix D are procured each year. 
No attempt has been made to give references to all of the 
material which has appeared within the past few years. 

The ability of the reader and the time to be devoted to 
the subject have been kept constantly in mind. There 
may be more supplementary questions and references than 
can be used by any one class. Should it happen, on the 
other hand, that more work of this character is desired, 
the need may be met by reference to similar questions in 
“Government in State and Nation.” 

We are under obligation to Miss Carla F. Sargent of 
Northwestern University Academy who read a large part 
of the manuscript. We also take this opportunity of 
acknowledging the assistance given by many teachers 
of civics, strangers to us, who are using “ Government in 
State and Nation,” for their helpful suggestions. 

Evanston, Illinois, 

May I, 1903. 


CONTENTS 


PART I. 

CHAPTER 

I. The Work of Local Government . 

II. County Government. 

III. The Origin of Local Governments 

IV. The Government of Cities 


PAGE 

I 

7 

13 

19 


PART II. 

V. Events leading to the Formation of the Union 32 

VI. The Constitutional Convention .... 40 

VII. Organization of the Legislative Department . 50 

VI 11 . Powers and Duties of the Separate Houses . 66 

IX. How Laws are made by Congress. • • • 73 

X. Some Important Powers of Congress ... 83 

XL Other General Powers of Congress ... 98 

XII. Powers denied the United States and the Sev¬ 
eral States .iii 

XIII. The Executive Department .115 

XIV. Powers and Duties of the President . . .131 

XV. The Cabinet.141 

XVI. The National Judiciary.156 

XVII. Territories and Public Lands . . . .165 

XVIII. Amendments to the Constitution . . . - US 

XIX. The Governments of the World .... 179 





CONTENTS. 


viii 

PART III. 

CHAPTER PAGE 

XX. The Origin of State Governments . . .186 

XXL State Legislatures. 191 

XXIL State Executive and Administrative Depart¬ 
ments .199 

XXII 1 . Political Parties and Elections .... 207 

XXIV. Taxation. 220 

XXV. Judicial Trials.229 

XXVI. Public School Systems. 237 

APPENDIX. 

A. Constitution of the United States .... 243 

B. The Articles of Confederation.260 

INDEX.269 






PART I. 


LOCAL GOVERNMENTS. 

CHAPTER 1 . 

THE WORK OF LOCAL GOVERNMENT. 

The Preservation of Order. — The first and most impor¬ 
tant function of any government is the preservation of 
order. We think of this function most frequently as exer¬ 
cised in the arrest of offenders who violate the law. In 
fact, most young persons receive their earliest ideas of 
government by seeing that embodiment of governmental 
authority, the policeman, or constable. But he is not the 
only officer who is concerned in the preservation of order. 
The police officer who makes an arrest cannot punish his 
prisoner, but must merely hold him until it is decided that 
he deserves punishment. This is the work of a court, 
with its justice, or judge, and the jury. If the prisoner is 
declared guilty, then the police officer executes the orders 
of the court by collecting a fine or by imprisoning him. 
We have here illustrated two divisions of governmental 
authority: (i) the judicial, which decides whether the law 
applies in particular cases; and (2) the executive, which 
carries out the requirements of the law and the orders of 
the court. 


B 


I 


2 


LOCAL GOVERNMENTS. 


Law-making. — The executive and the judicial officers 
are both subject to higher authority: the one applies and 
the other executes the law. The framing of the law con¬ 
stitutes the third function of government. This is the work 
of legislation, carried on by such bodies as the town board, 
the village board, and the city council. But these law¬ 
making bodies do not possess independent authority; they 
ar'e bound more or less strictly by the opinions of those 
who elected them to office; i.e. the body of voters. 

The Three Divisions of Government. — We say, then, 
that in our country government is based finally upon the 
zvill of the people. For the expression of their will they 
choose numerous officers, who may be grouped under three 
heads, corresponding to the general divisions of govern¬ 
ment : legislative, executive, and judicial. 

Just as it would be impossible for all the voters to take part in 
applying or interpreting the law, so it is in most cases impossible for 
them to assemble in a body and make the laws. They generally dele¬ 
gate this work to legislators; but in some States the voters of a town 
(or township) assemble yearly in town meeting, where all may take 
part in discussion and in voting. 

Roads and Streets. — The preservation of order is but 
one of the functions of government. In towns where the 
population is scattered, roads must be built, and it is still 
more necessary that in villages and cities, where many 
people live within a small area, streets should be graded 
and paved and sidewalks maintained. This is an illustra¬ 
tion of the way in which, through the machinery of govern¬ 
ment, people provide themselves with many conveniences 
that it would be impossible for each citizen to provide for 


THE WORK OF LOCAL GOVERNMENT. 


3 


himself. The legislative bodies already mentioned deter¬ 
mine the extent to which these things shall be done: the 
town board orders the laying out of a new road; the vil¬ 
lage board or the city council passes ordinances saying 
what streets shall be paved and what materials shall be 
used in the work. 

Executive Officers, General and Special. — The actual 
execution of the work involved in public improvements 
is generally in charge of a special officer, such as the road 
or street commissioner. But since there are many other 
matters of public concern that require attention, each 
under the control of an executive officer, it is necessary 
that a general officer should be in authority over all of 
these as the chief executive of the local government. This 
officer is known by various titles, as, in the town the 
chairman, in the village the preside^it, and in the city the 
mayor. In any case, he has all or most of the important 
executive work of government under his control. It is his 
duty to see that the laws are obeyed, so the police officers 
are subject to his orders. The chief executive is guardian 
of the people’s interests; for he must see that the minor 
officers do not injure the public welfare by neglect of duty, 
and he must defend the public from all persons who would 
encroach upon its rights. 

Let us now consider some of the other ordinary func¬ 
tions of local government. 

The Poor. — Poor relief may be mentioned first. How 
much aid shall be granted to paupers, and how shall it be 
distributed, are questions that everywhere require attention. 


LOCAL GOVERNMENTS. 


Public Health. — Public health is also an important sub¬ 
ject upon which local laws must be enacted. In cities, 
particularly, the council passes strict regulations for pre¬ 
venting the occurrence of diseases and for checking the 
spread of such as are contagious. City ordinances are 
also enacted regulating the construction of sewers and 
drains. The health commissioner and the city physicians 
are the particular officers who direct the execution of laws 
upon these subjects. 

Education. — Public education is among the most impor¬ 
tant of the local government’s functions. The free schools 
which exist everywhere in our country are supported and 
controlled chiefly by the towns, villages, and cities. In many 
States, however, there are other divisions, called school dis¬ 
tricts, which have boards and officers for this purpose. 

Other Necessary Functions. — Protection from fire is so 
important in communities where population is dense that 
special officers and apparatus must be provided. So, too, 
streets must be lighted, and a pure water-supply provided. 

Parks, Museums, and Libraries. — Besides the functions 
of government that are readily seen to be necessary, there 
are others which may not at first appear to be so. We 
have cities providing parks, with beautiful lawns and 
flower-gardens; museums, where articles of historical and 
scientific interest are kept; aquariums and zoological 
gardens; libraries, with books, magazines, and papers for 
the free use of all citizens. If one looks closely, he will 
see a reason in each case why the government undertakes 
these various enterprises. 


THE WORK OF LOCAL GOVERNMENT. 


5 


Why Taxes are Levied. — We have now to consider a 
power of government, without which none of the others 
so far enumerated could be exercised. This is the taxing 
power. In every instance money must be used by local 
governments in exercising their functions. Officers, who 
are agents of the people, depend largely upon taxes for 
their salaries. Taxes are levied by the legislative bodies 
that we have found in towns, villages, and cities. Other 
officers, assessors and treasurers, determine the amount to 
be paid by each citizen and collect the taxes. The treas¬ 
urer also has custody of public money, and pays it out 
when ordered to do so by the proper authorities. 

All of the operations of government are matters of 
record. While each officer is expected to keep strict ac¬ 
count of the operations of his own department, the general 
records of towns, villages, and cities are kept by the clerks. 

This general view of local governments may now be 
summarized in two forms : — 

I. The Functions of Local Government. 

1. Protection: — 

The preservation of order. 

Protection against fire. 

Protection of public health. 

2 . Providing Necessities a 7 td Conveniences : — 

Roads — Streets — Sidewalks. 

Water — Lights — Sewers. 

Poor relief — Education. 

Parks — Libraries — Museums. 


6 


LOCAL GOVERNMENTS. 


11. Officers of Local Government.^ 


TOWN. 

Board 
Chairman 
Clerk 
Treasurer 
Assessors 
Constables 
Road Commis¬ 
sioner 
Justices 


VILLAGE. 

Board 
President 
Clerk 
Treasurer 
Assessors 
Constables 
Street Commis¬ 
sioner 
Justices 


CITY. 

Council 

Mayor 

Clerk 

Treasurer 

Assessors 

Police 

Street Commis¬ 
sioner 
J ustices 


SUPPLEMENTARY QUESTIONS. 

Make a study of your local (town, village, or city) government. 

1. Group the officers as legislative, executive, and judicial, respec¬ 

tively. 

2. How many different methods are used in paying these officers ? 

3. Do all the voters ever assemble to make laws ? If not, how is the 

will of the majority expressed ? 

4. What are some of the local regulations regarding the poor ? 2 pub¬ 

lic health ? protection from fire ? 

5. Who pays for the education that young people receive in the public 

schools ? 

6. How much has your local government done toward furnishing 

things that are not merely conveniences ? How do you justify 
expenditures for these purposes ? 

7. Does the management of local government excite as much inter¬ 

est among the citizens as it should? 

8. In what ways are students directly interested in having efficient 

local governments? 

1 The list here given is not complete, and the official titles are not the 
same in all States. 

2 For a general account under this topic, see James and Sanford, “ Govern¬ 
ment in State and Nation,” Chapter VIII. Health regulations are discussed 
in the same work, pp. 98 and 99. 


CHAPTER II. 


COUNTY GOVERNMENT. 

Why there are Counties. — If the local organizations 
discussed in the preceding chapter could attend to all the 
interests that citizens have in common, then government 
would be a much simpler matter than it is. But just as 
almost every citizen has business and social relations out¬ 
side of the immediate vicinity in which he lives, so differ¬ 
ent communities must have political relations with each 
other if they are to live in harmony. For this and other 
reasons, which we shall learn presently, county govern¬ 
ments are instituted. Their organization and functions 
correspond quite closely to those of the towns, villages, 
and smaller cities. 

Important County Officers. — The local governments can¬ 
not undertake alone the preservation of order or the protec¬ 
tion of citizens against criminals. We have, consequently, 
an important officer, the sheriffs who with his deputies has 
power to make arrests. There is also the judicial side of 
county governments, seen in the courts with its judge. In 
this court another county officer, called the district or 
State's attorney, prosecutes persons who are accused of 
crime; i.e. he finds and presents in the trial evidence 
of the prisoner’s guilt. 


7 


8 


LOCAL GOVERNMENTS. 


Functions of County Government. — Public highways are 
also matters of more than local concern. When an expen¬ 
sive bridge is to be built, or an important road in which 
several communities are interested is to be constructed, 
the county government can best raise the money and 
manage the work. So, too, in caring for the poor, the 
county may aid the local governments, or it may assume 
entire charge of the paupers, and maintain a poorhouse. 

The County Board. — It is evident that there must be 
a legislative body which shall determine the policy of the 
county in these matters. This is the county board, or as it 
is called in some States, the county court. In most States 
this body is composed of commissiofiers. These are elected 
by either of two methods: (i) at large, when every voter 
may vote for the entire number of commissioners; (2) they 
may be elected from districts into which the county has 
been divided. In some States the members of the county 
board are called supervisors, and they represent the towns, 
villages, and wards of cities. Under this system the county 
board is generally larger than under the commissioner sys¬ 
tem. There is another difference between the two systems : 
in the States that have county commissioners, the county 
government has more extensive functions than in the other 
States. That is, county government has almost entire con¬ 
trol of such matters as roads and poor relief, leaving the 
local governments with little authority in these directions. 
On the other hand, where the supervisor system exists, the 
towns and villages have chief authority in legislating upon 
these matters, and the county assists or takes only such 
part as it finds necessary for the general good. 




COUNTY GOVERNMENT. 


9 


Power of the Board. — The county board holds annual 
meetings and legislates for the county as a whole. It has 
charge of the county property, including the court-house, 
jail, and poorhouse. Since it must provide for the ex¬ 
pense of maintaining these buildings, for the salaries of 
county officers, and for other expenses connected with 
roads, poor, and other county business, the board must 
also have the power of levying taxes. 

Superintendent of Schools. — Education is another func¬ 
tion of government which is not managed solely by the 
local units. There is a county officer, called the superin¬ 
tendent of schools, who has supervisory powers, and he 
usually examines teachers and certifies to their qualifica¬ 
tions. 

Register of Deeds. — The register of deeds, or recorder, 
is a county officer who keeps records of certain kinds. 
Among other things, copies of deeds are registered or kept 
in his office. A person wishing to buy real estate {i.e. 
houses or lands) may, by consulting the records in this 
office, learn whether the owner has a clear title to the 
property. 

Coroner. — The coroner has the duty of holding inquests 
when persons meet death by violence or in some unex¬ 
plained way. He may also perform the duties of the 
sheriff when the latter is incapacitated. 

Surveyor. — The county surveyor makes surveys at the 
request of public authorities, as well as for individuals. 
He keeps the official records of the boundaries of farms 
and lots. 


I 

10 LOCAL GOVERNMENTS. 

Clerk and Treasurer. — Of course the county must have 
its clerk and treasurer, the customary officers whose duties 
are, respectively, to keep the records and to handle county 
moneys. 

We may now pass in review the principal features of 
county government: — 

I. Legislative. 

1. County Boards: — 

Commissioner type 
Supervisor type 

2. Functions: — 

County buildings Roads and bridges 

Poor — Education Taxation 


II. Executive and Administrative Officers. 
Sheriff and Deputies Attorney 

Clerk Superintendent of 

Treasurer Schools 

Register of Deeds, Coroner 

or Recorder Surveyor 

(In some States, Assessors and Collectors of Taxes, 
and Auditors.) 

III. Judiciary. 

County Court District Court 


Relations of Local Officers to State Law. — There are 
other reasons than those already given why States are 
divided into counties. One is because, in the performance 


COUNTY GOVERNMENT. 


II 


of their duties, the county officers act as agents for the 
State ; that is, they carry out the requirements of State 
law in their own localities. For example, criminals are 
brought to trial and punished under State law, but it is 
administered by local or county officials. So the surveyor, 
superintendent of schools, register of deeds, and other 
officers act under State laws. While it seems best to 
have one general law for the State upon important sub¬ 
jects, it is also the policy of our government to intrust the 
execution of the law, in most cases, to local rather than to 
State officials. These officers, being elected by the people 
of the various localities, feel their responsibility more 
keenly than if they obtained office by appointment from 
State authorities. The counties, then, are administrative 
districts of the State, made for convenience in the manage¬ 
ment of those governmental matters which are uniform 
throughout the State. In the control of those matters 
which affect but one locality, the county authorities are 
free to follow their own policy, within the limits of State 
law. 

What has been said concerning the relation of the county 
to the State government is true to a considerable extent 
concerning the town, village, and city governments. Here, 
too, elections are held, taxes are collected, and trials are 
conducted by local officers in accordance with State law. 
Indeed, it is true that these local divisions owe their ex¬ 
istence to State law. Towns are laid out, villages and 
cities are incorporated, in accordance with the provisions 
of laws enacted by State legislatures. The State is the 
source of all the authority exercised by the officers and 
governing bodies of these local governments. 


12 


LOCAL GOVERNMENTS. 


SUPPLEMENTARY QUESTIONS. 

Make a study of your county government. 

1. Outline the officers in groups, as on p. 6. 

2. Learn the important duties of each officer. 

3. Are officers paid by fees or by salaries ? Which is the better 

method ? 

4. What is the length of the term for which each county officer holds 

his position ? 

5. How many members constitute the county board ? Are they 

commissioners or supervisors ? When do the meetings of the 
board occur ? 

6. Obtain a copy of the county board’s report and ascertain what im¬ 

portant business has been transacted. 

7. What buildings has the county at the county seat ? Does it own 

property elsewhere ? 

8. What process is followed in laying out a new town ? in the incor¬ 

poration of a village ? 

REFERENCES. 

1. An account of local government in Illinois, Iowa, Michigan, and 

Pennsylvania is found in Bryce, The American Commonwealth, 
Vol. I, 572-581 (6oi-6io).i 

2. The functions of local government are discussed in Holt, Talks 

on Civics, Chapter I; Ashley, The American Federal State, 397- 
400; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 
619). 

1 References to Bryce are given in duplicate; pages enclosed in parentheses 
refer to the third edition, 1896. 


CHAPTER III. 


THE ORIGIN OF LOCAL GOVERNMENTS. 

The Source of our Local Governments. —The systems of 
local government which have been described did not spring 
up spontaneously, nor were they established arbitrarily. 
There are reasons to be found in the history of their 
origins which explain many of their details. We shall 
now see how local government grew in the colonies, for 
here we have the beginnings of the systems that are in 
operation to-day. 

Everywhere in the colonies the English settlers adapted 
to their new environment the ancient customs of the 
mother-country. Differences in physical geography, and 
in the character and motives of the colonists, caused differ¬ 
ences in the resulting local governments. This fact is best 
illustrated by an account of what took place in New Eng¬ 
land and in Virginia. 

The Method of Settlement in New England. —These col¬ 
onies were settled by emigrants who came, in the main, 
from the same classes of Englishmen. The New Englanders, 
however, were Puritans. The church and its services were 
a very important part of their daily lives. The require¬ 
ment of church attendance was one reason for grouping 
their homes near the meeting-house. Moreover, the region 


3 


14 


LOCAL GOVERNMENTS. 


in which they settled had a stony soil, difficult to cultivate. 
Their farms required careful cultivation, and therefore 
could not be very large. The New Englander was content 
to live near the coast. Access to the interior was not 
easy, for the rivers, with few exceptions, were short and 
rapid. The sea fisheries tempted the settlers to remain 
near the coast, and fishing, with ship-building and com¬ 
merce, became their important industries. 

Town Meeting and Officers.— For these reasons New 
England was a region of small farms and towns, and the 
local government which grew up was adapted to these 
conditions. The voters of each town (or township) met 
annually, or oftener, in “town meeting.” Here their com¬ 
mon local affairs were discussed and regulated. The 
church, the schools, roads, the poor, and many other 
matters were under the complete control of this meeting, 
and of the officers elected by the assembled voters. These 
officers were the selectmen, — a board having general super¬ 
vision of the town affairs, — the clerk, treasurer, assessors, 
fence viewers, constables, and numerous others. 

The County in New England. — Because the people lived 
in towns and could most easily regulate their affairs through 
the machinery of town government, they had no counties 
whatever at first; but these were soon established, though 
merely for judicial purposes. The governor appointed 
justices who held court in each county. 

The distinctive features of New England local govern¬ 
ment, then, were (i) its democratic character, seen par¬ 
ticularly in the town meeting; and (2) the fact that nearly 


THE ORIGIN OF LOCAL GOVERNMENTS. 15 

all local affairs were managed by the town government, 
leaving but one important function, and that judicial in 
its nature, for the county. 

The Settlement of Virginia. — In the colony of Virginia 
we find conditions that bring about entirely different results 
in the organization and workings of local government. 
Here the settlers were not bound by religious or other 
ties into compact social bodies as the Puritans were. Na¬ 
ture in Virginia held forth many inducements for the set¬ 
tlers to live apart, so that nearly all their attempts to form 
cities and towns failed. The cultivation of tobacco, of 
course, explains this to a large extent. The fertile soil 
and the ease of raising this product led to the formation 
of large plantations. The broad rivers made progress into 
the interior remarkably easy, while the necessity for towns 
as shipping ports was almost completely obviated by the 
use of private wharves at the various plantations. The 
rich planters dominated the social and political life of the 
colony, and local government fell under their control. 

The Importance of the County.—Now, of the various 
local organizations to which the Virginians had been accus¬ 
tomed in England, the one best adapted to their condition 
in the colony was the county. So they copied the English 
county and made it their chief organ of local government. 
The principal governing body was the county court, com¬ 
posed of justices appointed at first by the governor of the 
colony. The court had both legislative and judicial func¬ 
tions. It managed such matters as roads, licenses, and taxa¬ 
tion ; it also tried civil and criminal cases. Other county 


i6 


LOCAL GOVERNMENTS. 


officers were the sheriff and the lieutenant, the latter being 
commander of the militia. 

The Parish and the Vestry. — That part of the Virginia 
local government which corresponded to the New England 
town was the parish; but it is apparent that few functions 
remained to be exercised in this, their smallest political 
organization. The counties were generally composed of 
several parishes. The governing body of each was the 
vestry; it had charge of church affairs and of poor relief. 
The members of the vestry and also the justices of the 
county court were not elected periodically by the people, 
as the town officers were in New England. On the con¬ 
trary, both the vestry and the county court filled vacancies 
in their own number, without popular election. 

This fact serves to illustrate the general truth that local 
government was democratic in New England and aristo¬ 
cratic in Virginia; in the former colony the mass of voters 
participated most actively in local government, while in the 
latter a few men constituted the ruling class. This does 
not mean that local affairs in Virginia were badly managed, 
for the leading men were on the whole intelligent and pub¬ 
lic spirited; and in the years of the Revolution they were 
among the foremost in the defence of American liberties. 
In New England, however, it was noticeable that the mass 
of voters were intelligent and understood the practical 
management of political affairs — a result which doubtless 
came largely from their training in the town meeting. 

The Three Types of Local Organization. —We have now 
seen that in New England the town had the most impor- 


THE ORIGIN OF LOCAL GOVERNMENTS. 


7 


tant functions of local government, and this is called, 
therefore, the town type; while in Virginia the county- 
absorbed the greater share of governing powers, and there 
we find the cotmty type. Virginia influenced the colonies 
that lay south of her, so that the county type prevailed 
also in the Carolinas and Georgia. In the middle colo¬ 
nies there existed both counties and towns, and here there 
was a much more equal division of powers between these 
organizations. Hence we call theirs the mixed or town- 
sJiip-coiinty type of local government. 

Local Government in the West. — The people who mi¬ 
grated to the new States west of the Alleghanies carried 
with them the forms of local government which have just 
been described as growing up in the colonies. This state¬ 
ment needs some modification, for nowhere in the West 
was the pure town type adopted. Everywhere in the 
North we find the mixed type, while the Southern States 
have, in general, the county type. In the latter the 
county commissioners, elected at large or from precincts, 
together with other county officers, exercise most of the 
local powers of government. 

Two Forms in the North. — In the greater number of 
the States that have the mixed type, the county is gov¬ 
erned by a board of commissioners elected by either of 
the methods just mentioned as prevailing in the South. 
In a few States (such as Michigan, Illinois, and Wiscon¬ 
sin), the county board is composed of supervisors, who 
represent the towns, villages, and wards of the county. 
Here we find the town meeting, copied after that of New 
c 


i8 


LOCAL GOVERNMENTS. 


England or New York, and the town government has 
more functions than in those States where commissioners 
compose the town board. 

Local Self-government. — Such is the way in which local 
government has come about in the various States of the 
Union. Rooted in the systems that Englishmen have 
developed through the centuries, adapted to the new life 
and the peculiar conditions of the colonial period, it has 
spread with the population throughout the land. The 
different practices of the States testify to the way in which 
habits persist in government, as in other phases of life. 
The management of local affairs by the people and their 
chosen representatives is a sound principle of government 
which holds a firm place in every part of our country. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which type of local government exists in your State ? Can you 

account for its origin ? 

2. Is the system of local government uniform throughout your State ? 

If so, why is this true ? If not, can you account for the lack 
of uniformity? 

3. The following references are useful in studying the history of local 

government: Thwaites, The Colonies, 55-58; Fisher, The Colo¬ 
nial Era, 60, 99, 167; Channing, The United States of America, 
37-38; Hart, Formation of the Union, 11-13; Bryce, The 
American Commonwealth, Vol. I, 561-565 (589-593); Bancroft, 
History of the United States, Vol. I, 285-286, 449; Ashley, The 
American Federal State, 390-396. 

4. Which is the best type of local government ? Is it becoming more 

common? Bryce, Vol. I, 591-592 (621). 


CHAPTER IV. 


THE GOVERNMENT OF CITIES. 

The General Plan of City Government. — The general 
framework of city government is not very different from 
that of the other governmental divisions. There are the 
legislative, executive, and judicial departments, whose 
organization and functions are stated in the charter^ or 
fundamental law of the city. The city legislature is the 
council or board of aldermen. In most cases this body is a 
single house, though in some cities there are two houses. 
The members are elected from the wards into which the 
city is divided. The council may pass ordinances for the 
government of the city, but it is limited in the extent of its 
powers by the terms of the city charter. 

City Charters granted by Legislatures. — The source of 
the charter is the State legislature. In most States the 
constitution provides that the legislature shall pass general 
laws prescribing the framework of all cities, or of the 
classes into which the cities of a State may be divided, 
according to their population. These laws also contain 
regulations that are safeguards against the abuses of 
municipal government, such as excessive taxation and 
the accumulation of debts. The requirement of general 
laws secures uniformity in the essential features of city 


19 


20 


LOCAL GOVERNMENTS. 


government, and it prevents the practice, which is other¬ 
wise liable to prevail, of constant interference by State 
legislatures, in the affairs of certain cities. Such special 
laws should be enacted with great caution, if at all, for 
when a legislature regulates the affairs of a particular city, 
it too often does so at the request of persons or corpora¬ 
tions having advantages to gain at the expense of the 
public.^ 

The Mayor. — The chief executive of the city is the 
mayor. He is the head of the police department and has 
more or less authority over the other administrative depart¬ 
ments to be discussed later in this chapter. In the cases 
of both mayor and aldermen, the facts concerning their 
terms, salaries, and other details vary so greatly in differ¬ 
ent cities that no general description is possible. 

The city judiciary includes the ordinary State courts and 
also special or municipal courts of various degrees. 

Other City Officials. — Besides the officers enumerated, 
every city has its clerk, treasurer, attorney, and assessors. 
The auditor, or comptroller, is an important official who 
controls city finances. 

Administrative Departments. — The greatest diffieulties 
of city government arise in connection with the numerous 
administrative departments; these are quite complex in 
their operation. In large cities the number of officials 
and the variety of their duties render it almost impossible 

1 In some States where the constitutions require general laws applying to 
classes of cities, single cities have been put in classes by themselves ; so the 
legislature has virtually governed them by special laws. This practice has 
been declared illegal in Ohio. 


THE GOVERNMENT OF CITIES. 


21 


for the average citizen to inform himself concerning these 
affairs; consequently, opportunities for fraud and misman¬ 
agement occur frequently. 

Why, it may be asked, is such complex machinery neces¬ 
sary in municipal governmentIt is because social and 
industrial conditions (that is, the circumstances under which 
men live and work) are quite different from those that pre¬ 
vail in towns and villages; and city government must be 
adapted to these conditions. 

Conditions peculiar to City Life. — Let us notice some of 
the ways in which this is true, (i) The mere fact that 
population is dense increases the possibility that a citizen 
may interfere with the rights of his neighbors, even in the 
conduct of legitimate business. (2) There is greater lia¬ 
bility that public health and safety may be endangered, 
both in the homes and in the industrial establishments of 
cities, than in less densely settled communities. (3) The 
opportunities for evil-doing and for concealment that exist 
in cities draw to them a larger proportion of the vicious 
classes who need control and suppression. (4) Finally, in 
cities it is less easy than in the country for each family to 
supply itself with certain conveniences, such as water, 
light, and transportation; consequently, the government 
must regulate to some extent the supply of these neces¬ 
sities. 

These are some of the conditions that are peculiar to 
city life; and we find here the reasons why the govern¬ 
ment in a city must undertake a large number of functions. 
At every point the safety of the citizen and his property 
must be guarded; and in a great many ways the conven- 


22 


LOCAL GOVERNMENTS. 


iences of life must be supplied by the city or under the 
control of city officials. Thus we account for the fact that 
city government is complex — the principal source of the 
difficulties and the evils that we find in connection with 
administrative departments. 

Fire and Police Departments. — The number and the 
organization of administrative departments vary consider¬ 
ably in different cities. Everywhere we find the police, 
fire, and health departments. Of these, the fire depart¬ 
ment is generally the most efficient, for the citizens will 
not tolerate laxness in the protection of their property. 
Not so much can be said of the administration of the police 
and the health departments in most cities. When the se¬ 
lection of police officers is on a purely political basis, the 
standards are low and the way is opened for police con¬ 
nivance with the violators of the law. Instances are not 
uncommon where policemen receive, regularly, money pay¬ 
ments from law-breakers for protection. Here public in¬ 
terests are betrayed by officers who are sworn to defend 
them. The detection of this form of corruption is diffi¬ 
cult; nevertheless, its continuance in a flagrant form is 
evidence of public apathy. In a few cities, civil service 
reform methods are used in the selection of policemen; 
the passing of an examination and of a physical test is 
necessary for appointment. This, with a fair system of 
promotions, should render a police force more like a mili¬ 
tary organization in its relation to the enforcement of law. 

The Health Department.—The department of public 
health has duties that are of vital importance. Sewerage 
systems, sanitation, and the water-supply are the chief 


THE GOVERNMENT OF CITIES. 


23 


objects of its inspection. Health officers also have powers 
which enable them to detect and prohibit the sale of im¬ 
pure foods. The milk-supply should receive its particular 
attention, for the purity of this product is an important 
matter. The enforcement of strict health regulations in 
the crowded tenement districts of large cities is very 
difficult; but the neglect of these matters by city officials 
is nothing less than criminal. 

The Department of Streets. — This department, which has 
in charge the construction of streets and pavements, affects 
the convenience of every citizen. Here vast sums of 
money are expended, sometimes wisely, and sometimes 
under the supervision of officials who are deficient in 
the technical knowledge required by this kind of work. 
Opportunity for dishonest handling of public money may 
be found in the letting of contracts and in the purchase 
of supplies. Street cleaning has received comparatively 
little attention in American cities. In this respect we 
are far behind many European cities. This is because 
the relation of clean streets to public health, and to civic 
beauty, is not fully appreciated by the average citizen of 
our country. 

Public Charities. — The administration of public chari¬ 
ties is everywhere a difficult matter, and, naturally, its 
difficulty is greatest in large cities, where we find the 
greatest number of those who seek relief. Two problems 
confront the department of public charities: (i) How can 
it distinguish between those who actually need assistance 
and those who do not ? (2) How can it help those who 

need assistance temporarily, without weakening their de- 


24 


LOCAL GOVERNMENTS. 


sire to become self-supporting ? The same problems must 
be solved by the citizen in connection with his private 
charities. In general, it may be said that charity is most 
judiciously dispensed by private organizations, in charge 
of trained workers, who can investigate all cases of appli¬ 
cation for aid. 

The Public Schools. — Public education is another de¬ 
partment of municipal activity.^ The expenditure of public 
money for this purpose is not stinted. The scope of 
our educational institutions is constantly being enlarged; 
courses in commerce, manual training, and domestic 
science are intended to strengthen the practical side of 
the curriculum. In some cities special schools are main¬ 
tained for the defective classes and for truants. 

Libraries, Parks, and Playgrounds. — The educational 
advantages furnished by the city are not for the children 
alone. Public libraries and museums serve adults as well. 
Recreation is provided by means of parks, public play¬ 
grounds, and open-air gymnasiums. These will become 
more common when their educational influence is more 
fully appreciated. 

Committees or Boards. — The important questions that 
arise in connection with administrative departments are, 
how shall they be organized ? and how shall the officers who 
control them be appointed ? Two general methods prevail: 
(i) In the smaller cities the members of the council are 
grouped into committees, which have charge of the various 
administrative departments. In large cities there are boards 


1 This subject is also treated in the chapter on Public School Systems. 


THE GOVERNMENT OF CITIES. 


25 


or cominissio 7 iers^ distinct from the council, and these may 
be composed of salaried officers. In either case the board 
may employ a superintendent to take charge of the work 
under its jurisdiction. The principal criticism which can 
be offered against this method of managing administrative 
departments is that responsibility cannot be definitely lo¬ 
cated. No single member of a board or commission will 
assume responsibility for mismanagement; and when re¬ 
sponsibility is divided among several persons, none of them 
feels it very strongly. 

(2) Single Heads of Departments. —As a remedy for this 
defect, administrative departments in some cities are placed 
under the control of smgle officers. These are given au¬ 
thority to appoint their subordinates, and they are held 
strictly accountable for the management of the depart¬ 
ment. Responsibility is further concentrated in some cities 
by giving the mayor power to appoint these heads of 
departments. 

Qualifications of City Officers. — Grave questions are in¬ 
volved in these matters of organization, but the efficiency 
of city government depends in the greatest measure upon 
the character of the officers who are placed in power. We 
need to recognize the importance, in city affairs as in pri¬ 
vate business, of securing officials who are qualified by 
training and by successful experience to serve the public. 
Economy and honesty in municipal government cannot be 
expected when politics alone determines appointments to 
office. The establishment of civil service examination sys¬ 
tems in certain cities ^ is a step in the right direction. 

1 Some of these are New York, Chicago, and Milwaukee. 


26 


LOCAL GOVERNMENTS. 


Public Utilities. — Besides the administrative depart¬ 
ments already enumerated, we have in large cities those 
which control the supply of water, light, and transportation 
facilities. The industries furnishing these necessities may 
belong to the city, but in most cases they are owned by 
individuals and corporations.^ Even then they should be 
subject to strict regulation by the city, for several reasons: 
(i) These industries make use of public streets. The right 
to do this is granted by the council in a franchise. (2) The 
product that is supplied being in each case a necessity, it 
is the duty of the city government to protect the citizens 
from any abuse or inconvenience that may arise in con¬ 
nection with it. (3) In nearly every case the industries 
in question are monopolies; i.e. competition between rival 
plants is not possible. For this reason the public may 
suffer either from high rates or from imperfect service. 


The Granting of Franchises. — The control of public ser¬ 
vice corporations, as those are called which supply water, 
light, and transportation, may be secured in several ways: 
(i) Franchises should be granted for terms not longer than 
twenty years. The profits of these industries increase very 
rapidly with the growth of population ; consequently, it 
should be possible to compel the reduction of rates and 
the enforcement of other conditions favorable to the pub¬ 
lic, at the end of a short term of years. (2) Adequate 
means should be provided for enforcing the terms of 
franchises. Neglect of this makes possible serious abuses. 
(3) The accounts of the corporations that have franchises 


1 On this topic, see “ Government in State and Nation,” pp. 36-39. 


THE GOVERNMENT OF CITIES. 


27 


should be made public, so that the people may know 
whether the profits are excessive. 

The Question of Municipal Ownership. — The opinion is 
gaining ground that no amount of municipal control will 
eliminate the evils of private ownership in these industries. 
Since they are “natural monopolies,” it is argued they 
should be operated by the city government. This opinion 
is seen to have great weight when we consider the cor¬ 
ruption and the lack of attention to the public welfare that 
accompany the granting of franchises to corporations. The 
bribery of aldermen and the granting of valuable privileges 
without compensation are frequent occurrences. On the 
other hand, the facts that venal officers are elected in our 
cities, and that they ignore public interests with impunity, 
raise a very serious question whether they should be in¬ 
trusted with the management of great industries, such as 
water and lighting plants and street-car systems. 

Reasons for Poor City Government. — Other arguments 
may be made on both sides of this question of municipal 
ownership; but there are fundamental reasons why the cities 
of the United States are, on the whole, poorly governed, 
which must receive consideration before this question can 
be settled. The conditions accounting for the evils of 
municipal government may be briefly stated as follows : 
(i) City governments are necessarily complex, and, in their 
administrative departments especially, a multitude of de¬ 
tails must receive attention. Citizens find it difficult to 
understand these transactions and even more difficult to 
follow them closely. (2) City governments must spend 


28 


LOCAL GOVERNMENTS. 


vast sums of money,^ and this fact constitutes a standing 
temptation to dishonest men, both in and out of office. 
(3) The rapidity with which cities have grown has in¬ 
creased the difficulty of their problems.^ (4) Individuals 
and corporations have found it necessary to secure fran¬ 
chises from cities for the operation of important industries; 
this has opened many opportunities for corruption in city 
affairs. (5) The presence of large numbers of foreigners^ 
who are ignorant of governmental affairs has enabled cor¬ 
rupt politicians to exert undue influence upon the voters in 
city elections. 

The Reform of Municipal Governments. — Having re¬ 
viewed the principal causes for the evils of municipal gov¬ 
ernment, let us now consider some of the conditions that 
‘are necessary for bringing about reforms. 

(1) National politics should be entirely divorced from 
city affairs. It may be impossible to prevent the nomina¬ 
tion of candidates by the regular political parties; but 
within each party local issues, not national, should deter¬ 
mine the selection of candidates. At the polls, the voter 
should cast his ballot independent of party considerations. 

(2) Public interest in municipal affairs and the existence 
of a strong civic pride are conditions that are essential to 
the election of good officers and to the purity of city gov¬ 
ernment. 

(3) Fundamental to the establishment of better munici- 

1 Statistics of expenditures of New York, London, Paris, and Philadelphia 
are given in “ Government in State and Nation,” p. 33. 

2 Yet European cities have grown with almost equal rapidity and are, on 
the whole, well governed. See ibid., p. 43. 

3 See statistics of foreign population in American cities, ibid., p. 40. 


THE GOVERNMENT OF CITIES. 


29 


pal governments is the recognition by every citizen of his 
responsibility, not only on election day, but on every occa¬ 
sion when his influence can be exerted for the detection 
of wrong, the punishment of corrupt officials, and the 
encouragement of better things in all departments of city 
life. This means unselfishness in one’s attitude toward 
the public welfare; it means willingness to sacrifice time 
and effort in the public service. The example set by many 
eminent persons who have devoted themselves unselfishly 
to the accomplishment of reforms in our great cities may 
well be imitated by every citizen in the smaller affairs 
of his city or his ward. And the younger generation of 
citizens, who are yet students in the public schools, may 
exert no little influence toward the betterment of the city; 
and they may aid in the formation of that better public 
sentiment without which no improvement in our standards 
of municipal government is possible. 

SUPPLEMENTARY QUESTIONS. 

Outline for the study of your city government. 

1. Was the city organized under a general law of the State, or was it 

granted a special charter? Does the legislature enact special 
laws for the city ? 

2. The mayor: term, salary. What are his principal powers? Should 

his responsibility be increased ? 

3. The council or board of aldermen: number of members, term of 

office, manner of election, compensation ? 

4. The municipal courts and judges. 

5. Administrative departments: make a complete list of these. Are 

they controlled by boards or by single officers ? How do the 
officers obtain their positions ? Are they paid salaries ? Of what 
business does each have charge ? 

6. How are the water, lighting, and street-car plants managed ? Do 


30 


LOCAL GOVERNMENTS. 


you believe in the municipal ownership of any of them? Give 
reasons for your opinion. 

7. How do police officers receive appointment? If an officer fails to 

enforce an ordinance, what course would you take to secure its 
enforcement ? 

8. Are party lines closely adhered to by voters in city elections ? Are 

independent party organizations formed ? Are they successful ? 
g. What can you learn of reform movements that have taken place in 
your city’s history ? Give the causes for the success or failure 
of these. 

10. What is the cost of your city government per annum ? Is it 

economically administered ? What are the principal items 
of expense? Has the city other sources of revenue besides 
taxation ? 

11. What are the excellent features of your city’s government ? What 

are its faults ? How may the latter be corrected ? 

12. Mention some ways in which students can assist in bringing 

about better conditions in your city. 

REFERENCES. 

1. What are the general causes of bad city government in the United 

States? Bryce, Vol. I, 608-614 (637-644). 

2. What reform measures have been suggested? Bryce, Vol. I, 614- 

619 (644-649). 

3. National politics in local affairs. Holt, Talks on Civics, 360-366. 

4. General accounts of city government, Bryce, Vol. I, Chapters 50 

and 52; Ashley, The American Federal State, Chapter 21. 

5. Among the most useful books on municipal government are Conk- 

ling, City Government in the United States ; Wilcox, The Study 
of City Government; and Devlin, Municipal Reform in the 
United States. 

6. Problems of Municipal Government, N. Am. Rev., 172:751-763; 

Arena, 24: 589-593. Responsibility in City Government, Forum, 
28:469-481; Arena, 27: 39-46. Council and Mayor, Atl. Mo., 
88:391-397. Municipal Situation in Ohio, Forum, 33 :430-437. 
Charter Needs of Great Cities, N. Am. Rev., 170:850-856. The 
Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper’s 
Mag., 100: 655-666. Public Untidiness, Forum, 33 : 322-332. 




THE GOVERNMENT OF CITIES. 


31 


7. Municipal Ownership, N. Am. Rev., 172:445-455 ; Arena, 25: 198- 

209; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag., 
60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R’s, 
23 : 468-470. 

8. Reform of City Governments, Atl. Mo., 87: 583-587; Arena, 27: 

174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R’s, 21: 736-737. 
The Chicago Voters’ League, Outlook, 71: 495-498. 


PART II. 


THE NATIONAL GOVERNMENT. 

CHAPTER V. 

EVENTS LEADING TO THE FORMATION OF THE UNION. 

Colonial Relations. — Why was union so long delayed ? 
How was it finally accomplished } These are always ques¬ 
tions of great interest to the student of American govern¬ 
ment. We note the general indifference toward union 
among the colonies before the Revolutionary War. This 
may be partially accounted for by the fact that each 
colony had its own separate government, and was jealous 
of all outside interference. Lack of good roads and 
methods of travel made extensive communication be¬ 
tween the scattered settlements difficult. Prejudice against 
strangers, and especially those of a different religious 
belief, was common. Bonds of sympathy, however, be¬ 
tween the citizens of different colonies were not wholly 
lacking. Their language and customs were mainly Eng¬ 
lish. Their chief desire was to develop a government 
according to their own plans. Common interests were at 
times created because of the necessity for providing pro¬ 
tection against their Indian, French, and Dutch foes. In 


32 



EVENTS LEADING TO FORMATION OF UNION. 33 


general, we may say, Confederation was early brought 
about through need for defense, but union has been the 
result of two centuries and a half of growth. 

Union of the New England Colonies, 1643. — A notable 
attempt was made to form a confederation among the 
colonies in 1643. It is known as the New England 
Confederation, and included Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven colonies. Their 
united energies were necessary to furnish protection against 
dangers from the Indians. The Dutch and French also 
tended constantly to encroach upon their rights. The 
governing body of this confederation was a board of 
commissioners. In the annual meetings of the commis¬ 
sioners, two being sent from each colony, questions of 
war, relations with the Indians, and other matters of 
mutual interest were discussed. But this central govern¬ 
ment possessed advisory powers only. The colonies were 
to provide for their own local government. The confed¬ 
eration became constantly weaker, and was finally dis¬ 
solved in 1684. Seventy years were to elapse before the 
call was sent out for a meeting of delegates from all the 
colonies at Albany, but the influence of the New England 
Confederacy was felt, no doubt, during that period. 

The Albany Congress, 1754. — Open hostilities with their 
enemies became more and more frequent. From the out¬ 
break of King William’s War, in 1689, to 1754, the date 
of the Albany Congress, there were at least a dozen inter¬ 
colonial conferences called to consider means for the 
common defense. Plans for union were also prepared. 
The most interesting is that of William Penn. In it, the 

D 


34 


THE NATIONAL GOVERNMENT. 


word “ Congress ” is used for the first time in connection 
with American affairs. As the final struggle with France 
for the possession of America was about to begin, a “ Con¬ 
gress ” of twenty-five of the leading men from seven differ¬ 
ent colonies met at Albany. They were called, primarily, 
for the purpose of making a treaty with the Iroquois 
Indians. This object secured, the resolution was then 
unanimously adopted that, “ A union of all the colonies is 
at present absolutely necessary for security and defense.” 
Franklin’s famous plan providing for a permanent federa¬ 
tion of all the colonies was also adopted. When submitted 
to the colonies, it failed to receive the ratification of a 
single one. Nor was it acceptable to the English govern¬ 
ment. Said Franklin, “The assemblies all thought there 
was too much prerogative, and in England it was thought 
to have too much of the democratic.” 

The Stamp Act Congress, 1765. — After the passing of 
the stamp act by the English government, the Massachu¬ 
setts house of representatives invited the other colonial 
assemblies to send delegations to a general congress. Nine 
colonies responded by sending twenty-eight men to the 
congress in New York City, October 7, 1765.1 During the 
session of two weeks, these delegates drafted petitions to 
the English government and declared that the rights of the 
colonists were the same as those of the natural-born sub¬ 
jects of England. It is noteworthy that representatives 
had again assembled on the motion of the colonists them¬ 
selves. The growth of common interests was well ex- 

1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with 
the movement, but did not send delegates. 




EVENTS LEADING TO FORMATION OF UNION. 35 

pressed by Christopher Gadsden of South Carolina, when 
he said: “ There ought to be no New England man, no 
New Yorker, known on the continent; but all of us Amer¬ 
icans.” 

Committees of Correspondence. — Nine years were to go 
by before the meeting of another congress, but the colo¬ 
nists were prepared for a united effort at the end of this 
period. No sooner were the contents of the Townshend 
acts of 1767 known, than Massachusetts issued a circular 
letter to the other colonies, asking for combined action 
against all such unconstitutional measures. The other 
colonial assemblies agreed with Massachusetts. Another 
movement which made the Revolution possible was begun 
by Samuel Adams. In November, 1772, he prevailed 
upon the Boston town meeting to appoint a committee 
which should carry on a correspondence with committees 
organized in other towns of that colony. Rights and 
grievances were the chief subjects for consideration. Other 
colonies adopted this plan. Led by Virginia, the idea was 
carried one step farther, and in 1773 were formed com¬ 
mittees of correspondence between the different colonies. 
Thus, they were prepared for united action in the First and 
Second Continental Congresses. 

The First Continental Congress, 1774. —When the coercive 
acts of 1774 had been passed, Massachusetts, now in great¬ 
est need, called for a congress of all the colonies. Delegates 
from all, Georgia^ excepted, assembled at Philadelphia, Sep¬ 
tember 5, 1774. In the Declaration of Rights, and in the 


^ Georgia was in sympathy with this movement. 


36 


THE NATIONAL GOVERNMENT. 


adoption of the Articles of Association, they gave full ex¬ 
pression to colonial sentiment. They commended the 
resistance of the people of Massachusetts. They de¬ 
clared that all “America ought to support them in their 
opposition,” if force should be used in carrying out the 
measures of Parliament. 

The Second Continental Congress, 1775. — Before adjourn¬ 
ing, the First Continental Congress provided for the meet¬ 
ing of another Congress, in May, 1775, unless the causes 
for colonial grievances should be earlier removed by the 
English government. But other measures of repression 
were quickly passed, and before the Second Continental 
Congress met, the Battle of Lexington had been fought 
and the American forces were blockading Boston. This 
congress convened in Philadelphia May 10, 1775, and con¬ 
tinued in session, with adjournments from time to time, 
until May i, 1781. All of the colonies were represented. 
Like previous congresses, this was, at first, merely an ad¬ 
visory body, but necessity compelled it to act as a real 
government. It took control of military affairs, provided 
for a currency, threw open American ports to the ships of 
all nations, and did whatever else the necessities of the 
time seemed to demand. Having been appealed to for 
advice, this congress took a most notable position in recom¬ 
mending that new forms of government should be estab¬ 
lished in the several States. By the year 1777, ten States 
had framed new constitutions. It furthered independence 
by appointing a committee to draft resolutions based on 
the ideas of independence then everywhere present. The 
Declaration of Independence was the result. 


EVENTS LEADING TO FORMATION OF UNION. 37 

The Articles of Confederation. — Franklin early saw the 
need for a more effective government than that of a revo¬ 
lutionary assembly. On July 21, 1775, he presented to 
congress a plan for “perpetual union.” Nearly a year 
elapsed before a committee was appointed to prepare 
some form for confederation to be entered into between 
the colonies. Another period of a year and five months 
was to go by before the report of this committee was 
adopted by the Continental Congress. It was then 
submitted to the State Legislatures for approval. After 
three years and a half, on March i, 1781, Maryland, the 
last State, was induced to ratify the Articles of Confedera¬ 
tion. The adoption of these Articles is one of the most 
important events in the history of our Nation. While the 
Articles of Confederation must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress was then working out problems 
in the province of government that were almost wholly 
new. The solution, faulty as it was, went far to establish 
the place of the written Constitution as a basis for govern¬ 
ment. 

Said John Fiske: “ Almost everything else in our fundamental in¬ 
stitutions was brought by our forefathers in a more or less highly 
developed condition from England; but the development of the written 
Constitution, with the consequent relation of the courts to the law¬ 
making power, has gone on entirely upon American soil.” 

Practical Working of the Government. — Conditions soon 
proved the Articles unsatisfactory. The States were almost 
independent of the central government. There was no 
separate executive power to enforce, and no judiciary to 
interpret the laws. The nation was deep in debt, and 


38 


THE NATIONAL GOVERNMENT. 


without means for payment. Paper money of the period 
was worthless, and debtors were rebellious. Disputes 
between the various States brought them to the verge of 
civil war. Each State had its own system of duties and 
imposts, which led to great confusion in commerce. No 
important resolution could be passed in Congress without 
the votes of nine States. No amendment was possible, 
except by the votes of all the States. Congress became 
constantly weaker as various members resigned to accept 
positions under State authority. In that most dangerous 
period of our history, extending from 1783 to 1788, aptly 
called the “ critical period,” it became constantly more 
apparent that government under the Articles of Confedera¬ 
tion was a failure. Fortunately, in this hour of gloom, 
there came forward Washington, Hamilton, Madison, and 
other leaders, who were prepared, if need be, to make 
compromises, but who were determined to preserve the 
elements of the union already secured. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. How was the Stamp Act regarded in the different colonies as 

shown by the addresses made and resolutions offered? Hart, 
Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American 
Statesmen), Chapters 5 and 6. 

2. Do you know of other instances in our history where a stamp act 

has been passed ? How was it regarded ? In what ways was it 
different from that of 1765 ? 

3. What was the origin of the Committees of Correspondence and 

how did they aid in unification ? Sloane, The French War and 
the Revolution, 161, 162; Hart, Formation of the Union, 57. 

4. Analyze the Declaration of Independence, and select from it the 

causes for the Revolution. 

5. Why was the adoption of the Articles of Confederation so long 


EVENTS LEADING TO FORMATION OF UNION. 39 

delayed? Hart, Contemporaries, II, 539-543; Fiske, The Criti¬ 
cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart, 
Formation of the Union, 93-95. 

6. Read the Articles of Confederation (Appendix B). 

(а) How was the Congress composed? 

(б) The number necessary for a quorum ? 

(c) The powers of Congress ? 

(d) Powers of the separate States? 

7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 

8. What was the attitude toward union during the period 1783-1788 ? 

Were there notable bonds of union even at this time? What 
other influences have increased this sentiment ? Fiske, Critical 
Period, 55-63; Walker, The Making of the Nation, 7, 8. 

9. President Roosevelt said, in an address delivered April 9, 1902, at 

Charleston, S.C., “When four years ago this nation was com¬ 
pelled to face a foreign foe, the completeness of the reunion be¬ 
came instantly and strikingly evident.” What is his meaning ? 
How does the statement illustrate the point emphasized in this 
chapter, that a common danger produces union ? 

10. Describe the character of the money used in 1783 and succeeding 
years. What was its influence ? Fiske, Critical Period, 162-186. 


CHAPTER VI. 


THE CONSTITUTIONAL CONVENTION. 

Events Leading to the Constitutional Convention. — 
Among the many difficulties that arose during the period 
of the Confederation, were constant disputes between Vir¬ 
ginia and Maryland over the navigation of the Potomac 
"River and Chesapeake Bay. Finally, in March, 1785, 
commissioners from these States met at Alexandria to con¬ 
sider these difficulties. The outcome of the meeting was 
that Virginia called for delegates from all of the States to 
meet for the consideration of the commercial relations of 
the entire country. Delegates from five States only were 
present at Annapolis on the day appointed, September ii, 
1786. Nothing permanent could be accomplished with 
so few States represented. Before adjourning, however, 
they agreed to a resolution, framed by Alexander Hamil¬ 
ton, which proposed the calling of a convention at Phila¬ 
delphia to amend the Articles of Confederation. 

The Federal Convention, 1787; Delegates. — All of the 
States, Rhode Island excepted, were finally represented in 
this, one of the most notable conventions in the history of 
the world. Among the fifty-five delegates assembled were 
many who had already been conspicuous in public affairs. 
They were the choice men of the States from which they 

40 


THE CONSTITUTIONAL CONVENTION. 


41 


came. Twenty-nine of the number were university men. 
Washington and Franklin were present, and Washington 
was unanimously chosen president of the convention. 
Neither of these men took an active part in the debates; 
but their presence gave inspiration to the other members, 
and they had untold influence at critical times. Among 
the ablest members were Alexander Hamilton of New 
York; James Madison of Virginia; Oliver Ellsworth and 
William S. Johnson of Connecticut; James Wilson and 
Gouverneur Morris of Pennsylvania; Rufus King of Mas¬ 
sachusetts ; and Charles C. Pinckney of South Carolina. 

Our Knowledge of the Convention. — The Convention lasted from 
May 25 to September 17, 1787. The sessions were secret. Fortu¬ 
nately we are not dependent on the Secretary’s report alone for our 
knowledge of the meetings.^ Mr. Madison seemed to understand the 
full meaning of the Convention from the first, and decided to give an 
accurate account of the proceedings. He wrote: “ Nor was I unaware 
of the value of such a contribution to the fund of materials for the his¬ 
tory of a Constitution on which should be staked the happiness of a 
people great even in its infancy, and possibly the cause of liberty 
throughout the world.” His notes were purchased by the government 
from Mrs. Madison in 1837, for the sum of thirty thousand dollars. 
They were published as “Madison’s Journal of the Constitutional 
Convention.” 

Plans for a Government; Virginia Plan. — The magnitude 
of the labors of this Convention can be understood only 
when we read the report of the discussions as given by 
Madison. It was at once determined that no time should 
be lost in patching up the Articles, but that a new Con¬ 
stitution should be formed. Two sets of resolutions were 
early submitted, each setting forth a plan of government. 

1 It was published in 1819 as a part of Volume I of “ Elliot’s Debates.” 


42 


THE NATIONAL GOVERNMENT. 


The Virginia plan was largely the work of Mr. Madison. 
It provided for the establishment of a national government 
with supreme legislative, executive, and judicial powers. 
The legislative power was to be vested in a Congress of 
two separate houses. The executive was to be chosen by 
both houses of Congress, and the judiciary by the Senate. 
Representation in both houses of Congress was to be based 
on population or the contributions to the support of the 
government. This scheme was fiercely attacked by the 
delegates from the small States, for it would clearly give 
control into the hands of the more powerful States. 

The New Jersey Plan. —The New Jersey plan, presented 
by Mr. Patterson of that State, was agreed upon by the 
members from Connecticut, New York, New Jersey, Dela¬ 
ware, and Maryland. This Small State plan, so called, 
provided for a continuance of the government under the 
Articles of Confederation. They were to be revised in 
such a manner as to give Congress the power to regulate 
commerce, to raise revenue, and to coerce the States. The 
Small State party insisted that the Virginia plan, if adopted, 
would destroy the sovereignty of the States. They would 
rather, they said, submit to a foreign power than be de¬ 
prived of equality of suffrage in both branches of the 
Legislature. Madison, Wilson, King, and other leaders of 
the Large State party declared that the basis for the new 
government was to be the people and not the States; that 
it would be unfair to give Delaware as many representa¬ 
tives as Virginia or Pennsylvania. After many days of 
fruitless debate, a compromise, sometimes called the “ First 
Great Compromise,” was presented and finally adopted. 


THE CONSTITUTIONAL CONVENTION. 


43 


This provided that the House of Representatives should 
be composed of members elected on the basis of popula¬ 
tion. In the Senate, large and small States were to be 
equally represented. 

The Slavery Problem; Second Compromise. — How was 
the number of the representatives to be found.? Were 
slaves to be counted as a part of the population.? A heated 
debate arose over these questions. The delegates from 
South Carolina maintained that slaves were a part of the 
population and as such should be counted. The answer 
was made that slaves were not represented in the Legisla¬ 
tures of that and other States; that slaves were regarded 
in those States merely as so much property, and as such 
ought never to be represented. Finally, when it seemed 
that the work of the Convention must fail, a compromise, 
known as “the three-fifths compromise,” was accepted. 
This provided that five slaves were to be counted as three 
free persons. 

The Third Compromise. — Slaves and commerce fur¬ 
nished the basis for a third compromise. South Carolina 
and Georgia desired to have the foreign slave-trade contin¬ 
ued. Some of the other Southern States and the Northern 
States generally were opposed. The New England mem¬ 
bers were anxious that the National government should 
have complete control of foreign commerce. This was re¬ 
sisted by some of the Southern delegates, who feared that 
the importation of .slaves might thereby be prohibited. 
Finally, a compromise was agreed upon which gave Con¬ 
gress power over foreign and interstate commerce, but 
forbade any act which might prohibit the importation of 


44 


THE NATIONAL GOVERNMENT. 


slaves before 1808. It was also agreed that a tax of ten 
dollars each might be laid on all slaves imported. While 
the entire Constitution may be said to be made up of com¬ 
promises, the agreement upon these three rendered the 
further work of the Convention possible. 

Signing the Constitution. — Gouverneur Morris was se¬ 
lected to give the document its final form. The clear, sim¬ 
ple English used is due largely to him. After thirty-nine 
members, representing twelve different states, had signed 
the Constitution, the Convention adjourned. While the 
last signatures were being written, Franklin said to those 
standing near him, as he called attention to a sun blazoned 
on the back of the President’s chair: “ I have, often and 
often, in the course of the session, and the vicissitudes of 
my hopes and fears as to its issue, looked at that behind 
the President, without being able to tell whether it was 
rising or setting; but now, at length, I have the happiness 
to know that it is a rising and not a setting sun.” 

Difficulties of Ratification. — The Convention submitted 
the Constitution to Congress. Here, for eight days, it was 
attacked by its opponents. Finally, Congress passed it 
on to the State Legislatures, to be sent by them to State 
conventions. This process of ratification was provided 
for by Article VII of the Constitution, as follows: The 
ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States 
so ratifying the sameT 

The period included between September 28, 1787, when 
Congress transmitted the Constitution to the State Legis¬ 
latures, and June 21, 1788, when New Hampshire, the 


THE CONSTITUTIONAL CONVENTION. 


45 


last of the necessary nine States, ratified, was one of the 
most critical in our history. Political parties, in a truly 
National sense, were formed for the first time. Among 
the leaders who defended ably the views of those who 
opposed the ratification of the Constitution were Patrick 
Henry, Richard Henry Lee, Elbridge Gerry, and George 
Clinton. It was urged that there was no Bill of Rights,^ 
that the President would become a despot, and that 
equality of representation in the Senate was an injustice 
to the larger States. “ Letters from the Federal Farmer,” 
prepared for the press of the country by Richard Henry 
Lee, set forth clearly the views of the Anti-Constitutional 
party. 

“ The Federalist.” — No influence was more noteworthy in bringing 
about ratification than a series of political essays afterward collected 
under the name of ‘‘The Federalist.” It is considered to-day the best 
commentary on the Constitution ever written. Alexander Hamilton 
originated the plan, and wrote 51 of the 85 numbers. James Madison 
wrote 29, and John Jay 5. 

The Influence of Washington. — Washington was again a giant in 
his support of the Constitution. In a letter to Patrick Henry he early 
sounded an effective note of warning against anarchy, expressing the 
very fear that finally led many in the conventions to vote for the Con¬ 
stitution. He wrote: “I wish the Constitution which is offered had 

1A Bill of Rights, in which the idea of the rights of man were set forth, 
was a significant part of nearly all the .State constitutions. Englishmen, 
generally, had been familiar with the formal statement of these principles since 
1689, when William and Mary accepted the Declaration of Rights as a condi¬ 
tion of their receiving the crown of England. During the same year. Parlia¬ 
ment gave the Declaration of Rights the form of a statute, under the name of 
the Bill of Rights. Among other rights it demanded that the king, without the 
sanction of Parliament, should not raise an army, secure money, or suspend 
the laws; also, that the right of petition, freedom in the exercise of religion, 
and equality under the laws were to be granted all subjects. 


46 


THE NATIONAL GOVERNMENT. 


been more perfect; but it is the best that could be obtained at this 
time, and a door is open for amendments hereafter. The political con¬ 
cerns of this country are suspended by a thread. The convention has 
been looked up to by the reflecting part of the community with a solici¬ 
tude which is hardly to be conceived, and if nothing had been agreed 
upon by that body, anarchy would soon have ensued, the seeds being 
deeply sown in every soil.” 

Ratification Secured. — Delaware, the first State, ratified 
December 6, 1787, without a dissenting vote. Pennsyl¬ 
vania, New Jersey, Georgia, and Connecticut followed 
quickly. Much depended on the action of the Massachu¬ 
setts convention. After prolonged debate, the delegates 
were finally influenced by the statement that amendments 
might be made, and they ratified the Constitution by a 
vote of 187 to 168. The ninth State was secured in the 
ratification by New Hampshire, June 21, 1788. It was 
not until November 21, 1789, however, that North Carolina 
voted to accept the Constitution. Rhode Island held out 
until May 29, 1790. 

The New Government put into Operation.—When the 
ratification of the ninth State had been secured. Congress 
appointed a special committee to frame an act for putting 
the Constitution into operation. It was enacted that the 
first Wednesday in January should be the day for appoint¬ 
ing electors; that the electors should cast their votes for 
President on the first Wednesday in P'ebruary, and that on 
the first Wednesday of March the new government should 
go into operation. It was not until April i that a 
quorum was secured in the House of Representatives, and 
in the Senate not until April 6. The electoral votes 
were counted in the presence of the two houses on 


THE CONSTITUTIONAL CONVENTION. 


47 


April 6.1 The inauguration of President Washington 
did not take place, however, until April 30. 

Origin of the Constitution. — Before making a study of 
this epoch-making document, let us inquire briefly as to its 
origin. An analysis of the Constitution shows that there 
are some provisions which are new, and that English 
precedent had an influence. The main features, however, 
were derived from the constitutions of the States with 
whose practical workings the delegates were familiar. 
The following well-known statement is an excellent sum¬ 
mary : “ Nearly every provision of the Federal Constitu¬ 
tion that has worked well is one borrowed from or 
suggested by some State constitution; nearly every pro¬ 
vision that has worked badly is one which the convention, 
for want of a precedent, was obliged to devise for itself.” 

Authority and Objects of the Constitution. — It was evi¬ 
dently the intention of the framers of the Constitution to 
found a government deriving its authority from the 
people rather than from the States. The .purposes for 
which this was done are set forth in the following enacting 
clause, commonly called the Preamble : — 

“ We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran~ 
quillity, provide for the commofi defense, promote the general 
ivelfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of AmericaS 

1 New York did not choose electors. North Carolina and Rhode Island, 
as we have seen, had not ratified the Constitution. 


48 


THE NATIONAL GOVERNMENT. 


This clause was attacked vigorously by the opponents of 
the Constitution, and especially in the Virginia and the 
North Carolina conventions. Said Patrick Henry: “And 
here I would make this inquiry of those worthy characters 
who composed a part of the late Federal Convention. . . . 
I have the highest veneration for those gentlemen; but, 
sir, give me leave to demand what right had they to say, 
‘ We, the people ' ? . . . Who authorized them to speak 
the language of. We, the people, instead of. We, the States ? 
If the States be not the agents of this compact, it must be 
one great, consolidated, national government of the people 
of all the States.” It was argued, on the other hand, by 
Randolph, Madison, and others, that the government, 
under the Articles of Confederation, was a failure, and 
that the only safe course to pursue was to have a govern¬ 
ment emanating from the people instead of from the 
States, if the union of the States and the preservation of 
the liberties of the people were to be preserved. 

SUPPLEMENTARY QUESTIONS AND READINGS. 

1. For an account of the members of the Convention, see Hart, Con¬ 

temporaries, III, 205-211. 

2. For the contributions of the individuals and the classes of dele¬ 

gates, see Walker, The Making of the Nation, 23-27; Fiske, 

Critical Period, 224-229. 

3. Discuss the peculiar conditions in Massachusetts. Give the argu¬ 

ments presented. Walker, 56-57; Fiske, Critical Period, 316- 

331 - 

4. How was the Constitution regarded in Virginia? Walker, 58, 60; 

Fiske, Critical Period, 334-338. 

5. What was the attitude of the New York Convention toward the 

Constitution ? Fiske, Critical Period, 340-345. 

6. What objections were made against the Constitution in North 

Carolina? Hart, Contemporaries, III, 251-254. 


THE CONSTITUTIONAL CONVENTION. 


49 


7. What would have been the status of North Carolina and Rhode 

Island if they had not ratified ? Walker, 73, 74; Hart, Forma¬ 
tion of the Union, 132, 133. 

8. Show the influence of the State constitutions on the Federal Con¬ 

stitution. James and Sanford, Government in State and Na¬ 
tion, 135. 

g. For other questions on the material in this chapter, see Fiske, 
Civil Government, 211, 212 ; James and Sanford, Government 
in State and Nation, 136, 137, 138. 


CHAPTER VII. 


ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. 

Article I. 

A Congress of Two Houses. — Section i. All legislative 
powers^ herein granted^ shall be vested in a Congress of the 
United States, which shall consist of a Senate and House 
of Representatives. 

In the Constitutional Convention, the Pennsylvania dele¬ 
gates were the only ones who objected to the formation 
of a legislative body having two houses. It was believed 
that with two houses one would be a check upon the 
other, and that there would be less danger of hasty and 
oppressive legislation. Another reason for the formation 
of a Congress having two houses was that the colonists 
were familiar with this kind of Legislature. It existed in 
all of the States, Pennsylvania and Georgia excepted. 

Term of Members and Qualifications of Electors. — Sec¬ 
tion 2 , Clause I. The House of Representatives shall be 
composed of members chosen every second year by the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State legislature. 

A short term for representatives was agreed upon, for 
it was the design to make them dependent on the will of 

50 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 5 


the people. The question frequently arises, therefore, 
ought representatives to be compelled to receive instruc¬ 
tions from those who elect themMay we not agree 
that our legislation would often be more efficient if the 
welfare of the Nation were considered, rather than what 
seems, for the moment, to be only the concern of a dis¬ 
trict or even a State ? Securing the best interests of 
all may mean at times, also, the sacrifice of mere party 
principles. 

Who may vote for Representatives. — By the words people 
and electors is meant voters. With the desire to make 
the House of Representatives the more popular branch, 
it was decided to grant the right of voting for a represen¬ 
tative to any person who might be privileged to vote for 
a member of the lower house of the Legislature of his 
State. The freedom of a State to determine what these 
qualifications are, is limited only by the provisions of the 
fifteenth amendment: — 

Amendment XV. The right of citizens of the United 
States to vote shall not be denied or abridged by the United 
States, or by a 7 iy State, on account of race, color, or previous 
conditiori of servitude. 

This amendment was proposed by Congress in Febru¬ 
ary, 1869, and was declared in force, March 30, 1870. 
It was for the purpose of granting more complete political 
rights to the negroes, recently declared, by Amendment 
XIV, to be citizens. 

Method and Time of choosing Representatives. — The 
Constitution prescribes that representatives shall be elected 
by the people. Congress has provided that represen- 


52 


THE NATIONAL GOVERNMENT. 


tatives shall be chosen on the Tuesday next after the 
first Monday in November of the even-numbered years.^ 
Congress has also decreed that representatives shall be 
chosen by districts ; but the State Legislature has complete 
control of the districting of its State. However, Congress 
has declared that these districts shall be composed of 
contiguous territory, and contain, as nearly as practicable, 
an equal number of inhabitants. Now, usage has defined 
territory to be contiguous when it touches another portion 
of the district at any one point. As a result of this ques¬ 
tionable interpretation, some States have been divided into 
districts of fantastic shapes, to promote the interests of 
the party having the majority in the State Legislature.^ 

Proportional Representation. — Proportional representation, which 
is coming into favor in these days, would doubtless do much toward 
remedying this abuse. According to the present system of electing rep¬ 
resentatives by districts, large minorities of voters are not represented. 
Numerous plans of “ Proportional Representation” have been advocated. 
One such plan is in operation in Illinois ^ for the election of members 
to the State house of representatives. Each district elects three mem¬ 
bers on a general ticket. The voter may give one vote to each candi¬ 
date, or one and a half votes to each of two candidates, or three votes 
to a single candidate. Therefore, the minority, by concentrating their 
votes on one candidate, may elect a representative to the Legislature, 
when under the district system they would not be represented. 

Qualifications of Representatives.— Section 2, Clause 2. 
No pe^'son shall be a representative who shall not have 

1 The only exceptions to this rule are: Oregon holds its election on the 
first Monday in June ; Vermont, on the first Tuesday in November ; and 
Maine, on the second Monday in September. 

2 This process is called “ gerrymandering.” See, also, “ Government in 
State and Nation,” pp. 153, 154. 

2 On Proportional Representation, read “ Government in State and Na¬ 
tion,” pp. 13, 14, 15. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53 


attained to the age of tiventy-five years^ and been seven years 
a citizen of the United States^ and who shall not^ when 
elected, be an inhabitant of that State in which he shall be 
chosen. 

In the original States there was great diversity of quali¬ 
fications for members of the lower houses of their Legisla¬ 
tures. But some uniform system was necessary for the 
National organization, and so the few simple requirements 
of this clause were introduced. It is understood, however, 
that the States may not add other qualifications. While a 
representative must be an inhabitant of the State in which 
he is chosen, he need not, so far as the Constitution 
requires, be an inhabitant of the district. But the in¬ 
stances have been few in which a member of the House has 
not been also an inhabitant of the district which he repre¬ 
sents. ^ According to the English system of representation, 
a member of the House of Commons frequently represents 
a borough or county in an entirely different part of the 
kingdom from that of which he is an inhabitant. 

May the House refuse to admit a person duly elected and possessing 
the necessary qualifications ? This question arose in the 56th Congress, 
in the case of Brigham Roberts of Utah. He was finally excluded. 

Present System of apportioning Representatives.— Sec¬ 
tion 2 of Amendment XIV contains the rule of apportion¬ 
ment that is now in operation. This became a part of the 
Constitution, July 28, 1868. 

Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 


54 


THE NATIONAL GOVERNMENT. 


the choice of electors for President and Vice-President of 
the United States^ represe^itatives in Congress^ the execu¬ 
tive and jiLdicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except for 
participation in rebellion or other crime, the basis of repre- 
sentatio 7 i therein shall be reduced in the propoi'tion which the 
number of such male citizefis shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

The second sentence of this section was framed in the 
belief that the States, rather than lose a portion of their 
representatives in Congress, would grant the right of 
suffrage to negroes already declared to be citizens. 
But proportional reduction of representatives was never 
put into practical operation, for before the next apportion¬ 
ment of representatives. Amendment XV became a part 
of the Constitution, and negro suffrage was put on the 
same basis as white. However, the enforcement of Section 
2 of Amendment XIV has been strongly urged in our own 
time. This is because it is estimated that many thousand 
negroes have been disfranchised through the restrictions 
on the right of suffrage found in the recent constitutions 
of several Southern States. 

The “ Indians not taxed ” doubtless refers to those 
Indians who still maintain their tribal relations or who 
live on reservations in the several States. Their number, 
according to the census of 1900, was 44,617. 

Early Apportionment. — The number of representatives 
to which each of the States was originally entitled is given 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 55 

in Section 2, Clause 3, of the article we are now consid¬ 
ering as follows: — 

Represe 7 itatives and direct taxes shall be apportioned 
among the several States which may be included withhi this 
Uniony according to their respective Clumbers, which shall be 
detei’mined by addmg to the whole number of free perso7ts, 
including those boimd to service for a ter 77 i of years ^ and ex¬ 
cluding htdians not taxed, three-fifths of all other pe 7 'S 07 is. 
The actual enuiiieration shall be 77 iade within three years 
after the first 77 teeting of the Congress of the U7iited States, 
a 7 id withm every subseque 7 it term of te 7 i years, m such 
ma 7 i 7 ier as they shall by law direct. The 7 iumber of repi'e- 
sefitatives shall not exceed 07 ie for every thii'ty thousa 7 td, but 
each State shall have at least one represe 7 itative; and until 
such e 7 iumeration shall be made, the State of New Ha77ip- 
shire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Co 7 inecticut 
five. New York six. New Jersey four, Peniisylvania eight, 
Delaware one, Maryland six, Virginia te 7 i. North Carolhia 
five. South Carolina five, and Georgia three. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery, since there 
were no longer the “other persons.” That part of the 
clause which provides for the laying of direct taxes is still 
in force. 

The Census.—In order to carryout the provision of the Constitu¬ 
tion, an “actual enumeration” was made in 1790. Since that date 
there has been a census every ten years. The taking of the census and 
the compilation and publication of the statistics connected with it are 
under the supervision of the director of the census. Work on the 
twelfth census was begun June i, 1900, and required over 50,000 
enumerators, 2500 clerks, and 2000 special agents. The cost was some 


56 


THE NATIONAL GOVERNMENT. 


$12,000,000. The most important volumes found in the report are 
those on population,^ manufactures, and agriculture. The taking of the 
census will, in the future, be more economical and efficient because of 
the establishment of the permanent census bureau by an act of Con¬ 
gress in 1902. 

Ratio of Representation. — The Constitution provided that there 
should be 65 members in the first House of Representatives. After 
the first census. Congress agreed that there should be one representa¬ 
tive for each 33,000 of the population. This gave a house with 105 
representatives. From that time the ratio of representation has been 
changed every ten years. Otherwise, with the rapid increase in popula¬ 
tion, the House would soon become too large. The ratio adopted by 
the act of January 12, 1901, was one representative to 194,182 people.^ 
After March 4, 1903, therefore, there will be at least 386 members in 
the House, if the membership is complete.^ 

Members from New States. — Should a new State be ad¬ 
mitted after the apportionment is made, its representatives 
are always additional to the number provided for by law. 

The Constitution provides that each State shall have at 
least one representative. If this provision had not been 
made, the States of Delaware, Idaho, Nevada, and Wyo¬ 
ming, each having a smaller population than the ratio 
adopted in 1901, would not be represented. 

Territorial Delegates. — The organized Territories are 
each entitled to send a delegate to the House of Repre¬ 
sentatives. He is allowed to speak on any question that 
has to do with his Territory, but may not vote. 

1 The population of the United States, according to the first census, was 
3,929,214. The population in 1900 was 76,303,387. 

2 For the method of apportionment, see “ Government in State and Na¬ 
tion,” p. 145. 

3 The number of members in the English House of Commons is 670; in 
the French Chamber of Deputies, 584 ; and in the German Reichstag, 396. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57 

Vacancies. — Section 2, Clause 4. When vacancies 
happen in the represe 7 itation from any State^ the executive 
authority thereof shall issue writs of election to fill such 
vacancies. 

When a vacancy occurs in the representation from any 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call for a special election in that district 
to choose a representative for the remainder of the term. 

Officers. — Section 2, Clause 5. The House of Repre¬ 
sentatives shall ehoose their Speaker aiid other ofpeerSy and 
shall have the sole power of impeachment. 

The Speaker, who is the presiding officer, has always 
been a member of the House, but the Constitution does 
not say that shall The other officers are the Clerk, 
Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, 
none of whom is a member of the House. 

Number and Term of Office of Senators. — Section 3, 
Clause I. The Senate of the U 7 iited States shall be eo 7 n- 
posed of two senators fro 7 n each State, chosen by the legis¬ 
lature thereof for six years, a 7 id each se 7 iator shall have 07 ie 
vote. 

As we have seen, the provision that there should be two 
senators from each State was the result of a compromise. 
Consequently New York and Pennsylvania have but the 
same number as Delaware and Nevada.^ The term of six 
years for senators was likewise a compromise measure. 
There were members of the convention who favored three 

1 The Senate now contains 90 members; the English House of Lords, 
560 ; and the French Senate, 300. 


58 


THE NATIONAL GOVERNMENT. 


years; others wanted nine years, and Hamilton desired 
that the term should be during good behavior. Many 
States have practically lengthened the prescribed term by 
the wise policy of returning acceptable senators for more 
than one term. Although elected by the State Legislature, 
senators do not vote by States. The senators from a 
State may, and often do, vote on opposite sides of a 
question. 

Qualifications of Senators. — Section 3, Clause 3. No 
person shall be a senator who shall 7 iot have attamed to 
the age of thirty years^ arid been nme years a citizen of 
the U^iited States^ and who shall noty when electedy be an 
hihabita^it of that State from which he shall be chosen. 

The reasons for requiring different qualifications in 
senators from those of representatives is expressed in 
“The Federalist” as follows: “The propriety of these dis¬ 
tinctions is explained by the nature of the senatorial trust, 
which, requiring greater extent of information and stability 
of character, requires at the same time that the senator 
should have reached a period of life most likely to supply 
these advantages.” The attitude of Americans toward the 
Senate to-day differs from that manifest during the first 
quarter century of our history. Has the Senate degen¬ 
erated.? is a question frequently asked. The presence in 
that body of numerous millionaires has also excited un¬ 
favorable comment. There have been two instances only 
in which senators have been disqualified because of inade¬ 
quate citizenship. 

Times and Places for electing Senators and Representa¬ 
tives.— Section 4, Clause i. The timeSy places y and man- 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59 


7 icr of holding elections for senators and representatives 
shall be prescribed m each State by the legislature thereof; 
but the Co 7 igress may at any tiniCy by law^ make or alter 
such regulatio 7 is, except as to the place of choosi 7 ig se 7 iators. 

It is desirable that Congress should have the fi 7 ial au¬ 
thority in providing for the election of its own members, 
because the very existence of the Union might otherwise 
be left, at times, to the whims of the State Legislatures. 
Congress, in 1866, provided for the system now in use. 

The Legislature, chosen next before the expiration of the term of a 
senator, proceeds to elect his successor on the second Tuesday after its 
organization. On that day each house must vote separately by a viva 
voce vote. The two houses are required to meet in joint assembly at 
noon the following day, when the results are read. If the same person 
has received a majority of the votes in both houses, he is elected. If 
no person have such majority, the joint assembly must take a viva voce 
vote. The person receiving a majority of such votes is elected, pro¬ 
viding a majority of all the members elected to both houses are present 
and voting. Should there still be no election, the joint assembly must 
meet at noon on each succeeding day, and take at least one vote until 
a senator shall have been chosen. The procedure is the same in the 
case of a vacancy which has occurred before the Legislature has assem¬ 
bled. When the vacancy happens during the session of the Legislature, 
it must proceed in the same way the second Tuesday after receiving 
notice of the vacancy. 

Election of Senators by Popular Vote. — Shall United States sena¬ 
tors be elected by popular vote? This question has been much dis¬ 
cussed in recent years. Deadlocks and bribery in State Legislatures 
have done much to bring it into prominence. Besides, there is a grow¬ 
ing feeling that the people are quite as competent to elect United States 
senators as they are to choose other officers. The House of Repre¬ 
sentatives, on several occasions, has passed a resolution favoring an 
amendment to the Constitution that will secure this result; but each 
time it has failed in the Senate. At the beginning of the year 1903 
there were twenty-seven of the State Legislatures on record as in favor 
of this reform. Jhat the people generally desire such an amendment 


6o 


THE NATIONAL GOVERNMENT. 


cannot be questioned, if we may judge by the vote cast in Illinois in the 
November election of 1902. 451,319 voters favored popular election 

of senators; 76,975 opposed. 

Vacancies in the Senate. — As provided in Clause 2, of 
Section 3 of the article we are considering, a vacancy 
occurring in the Senate during the recess of the Legisla¬ 
ture of any State may be filled, temporarily, through an 
appointment made by the Governor of that State. A 
senator thus appointed holds his office until the Legisla¬ 
ture meets. In case that body fails to elect his successor, 
he retains the office until the end of the session of the 
Legislature. But the State will then lack one member in 
the Senate, because the governor may not, by appoint¬ 
ment, fill a vacancy resulting from the failure of the 
legislature to elect. ^ 

Classes of Senators. — Section 3, Clause 2. Immediately 
after they shall be assembled in cofisequeuee of the first elec^ 
tion^ they shall be divided, as equally as may be, into three 
classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year; of the second 
class, at the expiratio 7 i of the fourth year; and of the third 
class, at the expiration of the sixth year; so that one-third 
may be chosen every second year, and if vacancies happen by 
resignation or otherwise, durmg the recess of the legislaUire 
of any State, the cxectitive thereof may make tefnforary 
appoint 77 tents until the next 7 nceti 7 ig of the legislature, which 
shall then fill such vacancies. 

This provision makes the Senate a permanent body, 
since only one-third of the members go out of office every 
two years. In the first session of the first Congress the 
1 For a test case, see “ Government in State and Nation^^’^ p. 149. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 6l 


senators were divided into three classes. It has been the 
custom to place the senators from new States in different 
classes. This is done in order to preserve, so far as pos¬ 
sible, the equality of numbers in each class. Besides, a 
State is thus enabled to keep one man of experience in the 
Senate. When a new State is admitted, the senators from 
that State determine by lot, drawn in the presence of the 
Senate, which classes they are to enter. Thus when 
Utah was admitted, her Senators were assigned to the 
two and four year classes, neither of them serving the 
full term of six years. 

President of the Senate. — Section 3, Clause 4. The 
Vice-President of the United States shall be President of the 
Senate, but shall have no vote unless they be equally divided. 

Other Officers. — Section 3, Clause 5. The Seriate shall 
choose their other officers, a 7 id also a President pro tempore, 
in the absence of the Vice-President, or zvhen he shall exercise 
the office of President of the United States. 

The Vice-President of the United States is the presiding 
officer of the Senate. He cannot take part in debates, and 
has no vote unless there be a tie. In marked contrast with 
the power of the Speaker, he cannot name the committees, 
and has no direct authority in legislation. Indeed, the 
office is regarded as one of so little influence that it is 
sometimes difficult to secure, as candidates for it, men of 
recognized prominence. 

The other officers of the Senate are Secretary, Chief 
Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian, 
and Doorkeeper, none of whom is a member of the Senate. 
It is desirable, in the absence of the Vice-President, that 


62 


THE NATIONAL GOVERNMENT. 


the Senate should have a presiding officer. At the open¬ 
ing of the session, therefore, that body chooses from its 
own members a president p?'o tempore. He may vote on 
any question, but cannot cast the deciding vote in case of 
a tie. 

When Congress Meets. — Section 4, Clause 2. The 
Co7tgress shall assemble at least 07iee m every year^ a7td such 
77ieeti7ig shall be 071 the first M 071 day m Deee77tbery U7iless 
they shall by law appoint a differe7it day. 

As we have already seen, representatives are elected 
for a term of two years. This period defines the length 
of a Congress. Representatives, as we know, are chosen 
on the first Tuesday after the first Monday in November. 
Now the term of office of a representative begins legally 
on the fourth of March succeeding the time of his election.^ 
Except in the case of a special session, this term does 
not really begin until the first Monday of the following 
December, or thirteen months after the election. It would 
seem desirable that the members should be given an 
earlier opportunity to express themselves on the issues 
upon which they have been chosen. 

Sessions of Congress. — Each Congress has two regular 
sessions. The first is called the “long session,’’ for its 
length is not determined by a definite date of adjournment. 
It usually lasts until midsummer and may not extend be¬ 
yond the first Monday in December, the time fixed for 
the beginning of the next session. The second, or “ short 
session,” cannot extend beyond 12 m. of March 4, the time 


1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63 

set for a new Congress to begin. The President may con¬ 
vene Congress in special session. 

Organization of Congress. — The first Monday in December of each 
second year is a notable day in Washington, for the formal opening of 
a new Congress is regarded as an important event. The House of 
Representatives must go through the entire process of organization. 
To the Clerk of the preceding House are intrusted the credentials of the 
members, and from these he makes out a list of those who are shown to 
be regularly elected. At the hour of assembly he calls the roll from 
this list, announces whether or not a quorum is present, and states that 
the first business is to elect a Speaker. After his election, the Speaker 
takes the oath of office, which is administered by the member who has 
had the longest service in the House. The Speaker then administers 
the oath to the members by States. The election of the Chief Clerk 
and the other officers follows, after which the House is said to be 
organized. 

The Senate is a “continuing body,” and no formal organization is 
necessary. At the opening of a new Congress the Vice-President calls 
the Senate to order and the other officers resume their duties. After 
the President pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four, and the oath is administered 
by the President of the Senate. Each house, when organized, notifies 
the other of the fact, and a joint committee of the Houses is appointed 
to wait upon the President and inform him that quorums are present 
and are ready to receive any communication he may desire to send. 

The House of Representatives occupies a large hall in the south wing 
of the Capitol. The desks of the members are arranged in a semicircle 
about that of the Speaker, with the Republicans on his left and the 
Democrats on his right. When a member gains the floor, he speaks 
from his own desk or from the space in front of the Speaker’s desk. 
Unless the question is one of importance, but little attention is paid to 
the course of debate. Consequently a visitor can hear only with great 
effort because of the constant din produced by the shuffling of papers, 
clapping of hands for pages, etc. The real work of Congress, as we 
shall see, is done in committees. The Senate occupies a hall at the 
opposite end of the Capitol. It is, of course, much smaller than that 
occupied by the House, but is similarly arranged. In general, the pro¬ 
ceedings on the floor of the Senate are conducted in a much more orderly 
manner than is usual in the House, 


64 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What is the number of the present Congress ? Give the dates for 

the beginning and end of each session. 

2. In the States which have woman suffrage, may women vote for 

representatives ? 

3. It is not required by law that a representative shall reside in the 

district that he represents, but it is an established custom. 
What are its advantages and disadvantages.? Compare with 
the English practice. Bryce, American Commonwealth, I, 
Chapter 19. 

4. Were the States mentioned on p. 54 justified in the enactment 

of their suffrage laws ? 

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R’s, 

22:273-275,653,654; 24:649-651; Forum, 31:225-230; 32: 
460-465; N. Am. Rev., 168:285-296; 170:785-801; 175:534- 
543 ; Outlook, 69 : 751. 

6. State the points of likeness and of difference between the House 

of Representatives and the House of Commons. N. Am. Rev., 
170: 78-86. 

7. Give the number of representatives to which your State is entitled. 

Was the number increased in the last apportionment ? How 
large is your Congressional district ? Population ? 

8. Compare the area of your district with that of other districts in 

your State ; also with the population of other districts. Com¬ 
pare the number of votes cast for Representative in your dis¬ 
trict with the number cast in districts of other States in different 
sections of the country. How do you account for the variation ? 
See New York World Almanac. 

g. Some interesting facts connected with the apportionment of igoi 
are given in the Forum, 30: 568-577. 

10. For the Reapportionment Law of igoi, see Outlook, 67: 136. 

11. For accounts of the methods by which a census is taken, see 

American Census Methods, Forum, 30:109-119. Census of 
1900, N. Am. Rev., 170 : 650-652. > 

12. Who are some of the best-known representatives and senators? 

For what reasons are they noted ? 

13. Who are the senators from your State ? When was each elected ? 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 65 


14. Give the names of the Speaker and of the President pro 

tempore. 

15. Has the Senate degenerated ? Should senators be elected by 

popular vote? Outlook, 67: 559, 604, 774a; 73: 277-285, 386- 
392. For other references, see James and Sanford, Govern¬ 
ment in State and Nation, p. 157. 


CHAPTER VIII. 

POWERS AND DUTIES OF THE SEPARATE HOUSES. 

I. Impeachment. 

Article II, Section 4. The President^ Vice-President and 
all civil officers of the United States, shall be removed from 
office on impeachment for, and convictio 7 t of, treaso 7 i, bribery, 
or other high crimes and misdemeanors. 

Article I, Section 2, Clause 5. The House of Represen¬ 
tatives shall . . . have the sole power of hnpeachment. 

Section 3, Clause 6. The Senate shall have the sole 
power to try all impeachments. When sitting for that pur¬ 
pose, they shall be on oath or affirmation. When the Presi¬ 
dent of the United States is tried, the Chief Justice shall 
preside; a 7 id no person shall be convicted without the con¬ 
currence of two-thirds of the members preseiit. 

Section 3, Clause 7. Judgment in cases of impeachment 
shall not extend further than to removal from office and dis¬ 
qualification to hold and enjoy any office of honor, trust, or 
profit U 7 ider the United States ; but the party convicted shall 
nevertheless be liable and subject to mdicUnent, trial, judg¬ 
ment, and punishment according to law. 

There have been but seven impeachment trials in the 
history of our government. Section 4 of Article II declares 
who may be impeached. The expression “ civil officer ” 

66 



POWERS AND DUTIES OF SEPARATE HOUSES. 67 

does not include military and naval officers. They are 
subject to trial by court-martial. Members of Congress 
may not be impeached, since the Constitution authorizes 
each house to bring to trial and punish its own members. 
Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, 
Article I, give the method of procedure against an officer 
who may be charged with “ treason, bribery, or other high 
crimes and misdemeanors.” The articles of impeachment 
preferred by the House of Representatives correspond to 
the indictment in a criminal trial. The manner of con¬ 
ducting an impeachment trial, in the Senate, resembles 
also a trial by jury.^ That the “ Chief Justice shall pre¬ 
side” during the trial of the President of the United States 
is a wise provision, because it is easy to presume that a 
Vice-President might be personally interested in the con¬ 
viction of a President. 

II. The Quorum, Journal, and Freedom of Speech. 

Determination of Membership and Quorums. — Section 5, 
Clause I. Each house shall be the judge of the elections, 
returns, aiid qualifications of its own members, and a 
majo} ity of each shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and 
may be atithoi ized to compel the attendance of absent mem¬ 
bers, in such manner and under such pe7ialties as each house 
may provide. 

In the Senate the question raised in a contest usually 
applies to whether a senator has been duly elected. It 
has been held by the Senate that to deprive a member of 

1 See “Government in State and Nation,” p. 159. 


68 


THE NATIONAL GOVERNMENT. 


his seat for bribery or corruption in the course of his elec¬ 
tion, it must be shown that he was personally guilty of 
corrupt practices, that the corruption took place with his 
sanction, or that a number of votes sufficient to affect the 
result were corruptly changed. As an instance, Mr. 
Clark of Montana was refused a seat in the Senate during 
the first session of the 56th Congress, because it was 
proved that he had secured his election by bribing mem¬ 
bers of the State Legislature. 

In the House the name of the person possessing the 
certificate of election signed by the governor of his State 
is entered on the roll of the House, but the seat may still 
be contested. Many cases of contested elections are con¬ 
sidered by each new House. There were thirty-two seats 
contested in the 54th Congress. Such cases are referred 
to the Committee on Elections, which hears the testimony, 
and presents it to the House for final decision. Each of 
the cases when presented to the House consumes from 
two to five days which might otherwise be used for the 
purposes of legislation. The law provides that no more 
than $2,000 shall be paid either of the contestants for 
expenses, but even then, it is estimated, these contests cost 
the government, all told, ;^40,000 annually. When the 
decision is rendered by the House, the vote is, in most 
cases, strictly on party lines, regardless of the testimony. 
In view of these facts, it has been suggested that the 
Supreme Court decide all contested elections. 

How a Quorum is Secured.— If it appears, upon the 
count of the Speaker, or upon the roll-call of the House, 
that a majority is not present, business must be suspended 


POWERS AND DUTIES OF SEPARATE HOUSES. 69 

until a quorum is secured. F'ifteen members, including 
the Speaker, may be authorized to compel the attendance 
of absent members. This is accomplished as follows : The 
doors of the House are closed, the roll is called, and 
absentees noted. The Sergeant-at-arms, when directed by 
the majority of those present, sends for, arrests, and brings 
into the House those members who have not sufficient 
excuse for absence. When a quorum is secured, business 
is resumed. 

Rules and Discipline. — Section 5, Clause 2. Each house 
may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

The Journal. Section 5, Clause 3. Each house shall 
keep a journal of its proceedings and ft'om time to time 
publish the same, excepting such parts as may in their judg¬ 
ment require secrecy ; and the yeas and nays of the members 
of either house on any question shall, at the desire of one- 
fifth of those present, be entered on the journal. 

Our Knowledge of Congressional Proceedings.—As citi¬ 
zens in a republican government, it is our duty to keep in¬ 
formed on the problems which our representatives are 
called upon to solve. Means of gaining information are not 
wanting. The public galleries of both Houses are usually 
open to visitors. The official record of the proceedings of 
Congress is made known to the public through the Journal, 
which is read at the opening of each day’s session. Reports 
of the debates do not appear in the Journal, but are pub¬ 
lished each day in the Congressional Record. 

Another means of keeping constituents informed on the 


70 


THE NATIONAL GOVERNMENT. 


position of their representatives is through the recording 
in the Journal of the vote of each member when demanded 
by one-fifth of those present. In voting by the “ yeas and 
nays,” the clerk calls the roll of members and places after 
each name, “yea,” “nay,” “not voting,” or “absent.” 
The Senate rules specify this as the only method of voting. 
(Other methods of voting in the House are indicated on 
page 8o.) 

Power to Adjourn. — Section 5, Clause 4. Neither house, 
during the session of Congress, shall, without the consent 
of the other, adjourn for 7 nore than three days, nor to any 
other place than that in which the two houses shall be 
sitting. 

If there is a disagreement between the two houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. This 
right has never yet been exercised. 

Compensation and Freedom from Arrest. — Section 6, 
Clause I. The senators and representatives shall receive 
a compensation for their services, to be ascertained by law,, 
and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony, ajid breach of the 
peace, be privileged fro 7 n arrest during their attendance at 
the sessio 7 ts of their respective houses, a 7 id going to a 7 id re- 
timimg fro 7 n the same; and for a 7 iy speech or debate in 
either house, they shall not be questio 7 ied m any other place. 

Should the members of Congress be paid a salary, or 
should the office be regarded as exclusively one of honor ? 
These questions were discussed at length in the Constitu¬ 
tional Convention. Some of the delegates favored the 


POWERS AND DUTIES OF SEPARATE HOUSES. 71 


English custom, by which members of Parliament receive 
no salary. It was finally concluded to adopt the provi¬ 
sions as given, in order that men of ability, though poor, 
might become members of the National Legislature. 

By a law of 1789 the compensation of senators and representatives was 
fixed at six dollars per day and thirty cents for every mile traveled, by 
the most direct route, in going to and returning from the seat of govern¬ 
ment. Prior to 1873, amount was changed several times by act of 
Congress. The compensation then agreed upon and still paid is ^^5000 
per year, with mileage of twenty cents, and $125 per annum for stationery. 
The Speaker receives $8000 a year and mileage. The President pro 
tefnpore receives the same amount while acting as President of the 
Senate. 

To many people $5000 seems a large salary, but the great expense of 
living in Washington, especially if a Congressman and his family take 
part in the social life of the capital, renders the salary quite inadequate. 
Members have been known to pay more than their salaries for house- 
rent alone. Many members make a financial sacrifice in accepting a 
seat in Congress. 

To hold Other Offices. Disqualification. — Section 6, 
Clause 2. No senator or representative shall, during the 
time for which he is elected, be appointed to any civil office 
under the authority of the United States which shall have 
been created, or the emoluments whereof shall have been in¬ 
creased, during such time; and no person holding aiiy 
office under the Uiited States shall be a member of either 
house during his continuance in office* 

The purpose of this provision seems to have been to 
remove the temptation on the part of Congressmen to 
create offices, or to increase the emoluments of those 
already existing, in order to profit by such legislation. The 
exclusion of United States officials from seats in Congress 
was due to the desire of appeasing State jealousy, which 


72 


THE NATIONAL GOVERNMENT. 


asserted that the National government would in this way 
secure an undue influence over the State governments. 
It is advocated, with good reason, that members of the 
Cabinet should be privileged to take part in the discussion 
of measures in Congress which pertain to their own depart¬ 
ments. Alexander Hamilton asked for this privilege. It 
was refused because of the belief that he would exert too 
great influence over the members. The precedent thus 
established has always been retained. 

But since executive officers are often invited to present 
their views before committees of Congress, they may, in 
this way, exert great influence upon legislation. 


CHAPTER IX. 


HOW LAWS ARE MADE BY CONGRESS. 

Methods of Procedure developed by Custom. —Very little 
can be learned directly from the Constitution concerning 
the actual methods employed in the enactment of laws by 
Congress. In both houses, procedure in the conduct 
of their business has been developed by custom; it has 
changed from time to time as determined by circumstances, 
and it has taken on forms that were entirely unanticipated 
by the founders of our government. The principal reason 
why new methods of Congressional procedure have be¬ 
come necessary may be found in the growth of the amount 
of business presented to Congress for consideration; this, 
in turn, has been caused by the growth of population and 
wealth, and by the expansion of business relations through¬ 
out this country and with other nations. 

Several features of Congressional organization may be 
mentioned as very important in determining the course of 
legislation. These are : — 

1 . The Committee System. 

II. The House Committee on Rules. 

III. The Speaker of the House. 

IV. The Influence of Party Caucuses. 

I. The Committee System. — Two facts made this system 
necessary in the houses of Congress, (i) The number of 


73 


74 


THE NATIONAL GOVERNMENT. 


members, especially in the House of Representatives, is so 
large that business cannot be transacted with dispatch by 
the entire body. (2) The number of bills introduced is so 
very great that it is impossible for either house to consider 
all of them; hence it is necessary that committees shall 
examine the bills and decide which are worthy of consider¬ 
ation. 

In the long session of the 57th Congress, more than 15,000 
bills were introduced into the House. The number of committees in 
the House was 58, the membership varying from 5 to 18. The most 
important House committees are those on Ways and Means (which has 
charge of all bills for raising revenue), Appropriations, Banking and 
Currency, Foreign Affairs, and Military Affairs. In the Senate of the 
57th Congress there were 55 standing committees. The number of 
members on a committee was in most cases 9 or ii. A few of the 
Senate committees are those on Finance (corresponding to the commit¬ 
tee on Ways and Means in the House), Agriculture, Commerce, and 
Foreign Relations. 

Both in the House and in the Senate, every member is on some com¬ 
mittee, and some members have places on several committees. In the 
House of Representatives the Speaker appoints the committees, and he 
selects the chairman and a majority of the members of each committee 
from the members of his own party; that is, from the party that has a 
majority in the House. The Senate committees are constituted in ac¬ 
cordance with the same rule; but in the Senate the committees are 
elected, rather than appointed. 

Steps in the Progress of a Bill. — The importance of the 
committee system in Congress is found in the power of 
committees to determine the destiny of bills that are com¬ 
mitted to their charge. The introduction of a bill by a 
member of either house is merely a formal step; the bill is 
immediately referred to a committee. When the committee 
reports the bill back, the house will in a great majority of 
cases pass or reject it according to the committee’s recom- 


HOW LAWS ARE MADE BY CONGRESS. 


75 


mendation. Few bills are debated in either house, and in 
the most of these cases the discussion has no influence 
upon the fate of the bill — it is meant merely to be heard 
or to be printed. Hence, it is in that intermediate stage 
between the reference of the bill to a committee and the 
report on it that the real work of legislation is accomplished. 

The Power of Committees over Bills. — In the course of 
its deliberations a committee may exercise the utmost free¬ 
dom with respect to the bills referred to it. The greater 
number of bills receive no consideration whatever from the 
committees ; these may never be reported if the committees 
see fit to ignore them. Other bills are amended by the 
committees, or new bills are substituted for them. Such is 
the power intrusted to Congressional committees. How¬ 
ever undesirable in some respects this method of legisla¬ 
tion may seem, its necessity has fixed it as a permanent 
feature of Congressional procedure. 

Many of the important committees have separate rooms where their 
meetings are held. Here the members may confer in secret, or they 
may allow or invite the hearing of testimony and arguments upon the 
subjects of bills. Frequently the majority members of a committee 
hold separate meetings, determine their policy, and then adhere to it 
regardless of the wishes of the minority members. The latter may pre¬ 
sent a separate report called the minority report of the committee. 

II. The Committee on Rules. — Since only a small pro¬ 
portion of the bills that are reported favorably can receive 
consideration and come to a vote, the question now arises. 
How is it determined which bills shall be thus favored ? 
In some measure this depends upon the importance and 
the merits of the bill; but it depends more upon the skill 
and influence of the member (generally the chairman of 


76 


THE NATIONAL GOVERNMENT. 


the committee reporting the bill) who is particularly in¬ 
terested in seeing it enacted into law. In the House of 
Representatives this important matter is decided by the 
Committee on Rules, which is composed of five members, 
three being of the party that has a majority in the House. 
This committee decides which bills shall be considered, and 
how much time shall be given to the discussion of each 
one. Thus it practically dictates the course of legislation 
in the House. Sometimes the committee is overruled by 
an opposition composed of the minority members of the 
House together with a few rebellious members of the 
majority party; but such a revolt is exceptional, and 
usually the Committee on Rules has its way. Some cen¬ 
tral authority like this, with dictatorial power, seems 
necessary in order to settle the disputes and rivalries 
arising among influential members and important commit¬ 
tees ; these would block each other’s progress, and no 
legislation whatever would be accomplished, were there 
not some power to decide which, in each case, shall have 
the right of way. 

HI. The Power of the Speaker .—As the Committee on 
Rules decides the programme to be followed in each day’s 
proceedings in the House, the Speaker is the executive 
officer who sees that the programme is adhered to. Indeed, 
the Speaker is chairman of the Committee on Rules and 
is its most influential member. No bill can come before 
the House, and no member can address the House, without 
the Speaker’s consent. In all important matters, it is 
necessary for a member to make an arrangement with the 
Speaker in order to secure recognition when he wishes to 
address the House. 


HOW LAWS ARE MADE BY CONGRESS. 77 

In exercising the power of recognition, the Speaker will, 
of course, give both the sides a fair opportunity to debate 
upon important measures. He will not permit members to 
make motions, or to protract debate, merely for the sake of 
delaying some action to which they are opposed. Within 
recent years, obstructive tactics, popularly known as fili¬ 
bustering, are of rare occurrence in the House. Be¬ 
fore these extensive and arbitrary powers were intrusted 
to the Speaker, the minority members more frequently 
obstructed the work of the House and prevented all legis¬ 
lation because of their opposition to a particular bill. 

Two powers of the Speaker remain to be mentioned 
which are no less important in their influence on legislation 
than those already considered. He appoints all commit¬ 
tees of the House, and in this way marks out in some im¬ 
portant matters the policy that will be pursued in legisla¬ 
tion. Again, the Speaker refers all bills introduced into 
the House to their appropriate committees. Sometimes the 
Speaker may exercise his discretion with regard to the 
committee to which he refers a certain bill, and in such 
cases his influence upon the fate of the bill is important. 

We are endeavoring to analyze the complicated action 
of the forces that determine which bills shall, and which 
shall not, be enacted by Congress. So far, we discover 
that great authority is intrusted to small groups of mem¬ 
bers— the committees. These practically determine the 
contents of all bills. We find in the House a * central 
directive committee (that on Rules) deciding which bills 
shall be dropped and which may be considered. Finally, 
we find that the Speaker is the most influential member of 
Congress, executing the decisions of the Committee on 


78 


THE NATIONAL GOVERNMENT. 


1 

.1 


Rules (that is, chiefly his own will) and deciding impor¬ 
tant questions at critical moments in the course of the 
daily business of the House. 




The Lobby, Log-rolling, and Patronage.—Not all the bills that 
come before Congress are passed or rejected on their merits. The 
influences that determine the course of legislation at Washington are 
very numerous and complicated. Some of these influences are to a 
greater or less extent legitimate, and others are totally bad. The 
lobby, in its broadest sense, is composed of all those persons who go to 
Washington in order to exert pressure upon Congressmen in favor of or 
against certain measures. Some of the best laws and some of the 
worst are enacted through the influence of the lobbyist. Log-rolling 
is an important influence in determining legislation ; a member votes 
for the pet measure of his fellow-congressman on condition that the 
latter will vote for the bill in which he is particularly interested. Political 
patronage is a great factor in determining votes in Congress ; the power 
of members to recommend appointments,^ and the influences exerted 
in their favor by the appointees, often determine the question of their 
continuance in offlce. Consequently, there is a great temptation to use 
patronage in exchange for votes. The use of money directly in bribery 
is difficult of detection, but other favors and privileges of pecuniary 
value are no less effective in the purchase of the votes of those members 
who are so unscrupulous as to be open to such "influences. 

Debate in the House. — The fate of nearly all bills that 
are introduced into Congress is determined by the inter¬ 
action of the various influences that have received attention 
so far in this chapter. Argument in debate is a small 
factor in arousing favorable influence or in changing votes. 
In the House, the Committee on Rules limits strictly the 
time given to debate. The chairman of the committee 
reporting a bill generally has one hour in which to urge 
the passage of his measure; for a portion of the time he 
may yield the floor to other members, both friends and 
opponents of the bill. Of course, much more than one 


j 


1 


iSee p, 134. 





HOW LAWS ARE MADE BY CONGRESS. 


79 


hour is given to debate on important bills. Many of the 
speeches which are printed in the Congressional Record 
have not been delivered; but they are intended for circula¬ 
tion among the constituents of Representatives, and for use 
as campaign documents. Many of the speeches that are 
actually delivered receive scant attention; the lack of 
interest in them is made evident by the noise and con¬ 
fusion that very often prevail during sessions of the House. 

Senate Procedure. — In the Senate, debate is not limited. 
Senators are expected to regard each other’s rights with 
respect to the amount of time and attention they may 
demand; yet a bill may be “ talked to death ” in the 
Senate. As a result, the Senate is less businesslike in its 
procedure than the House, and some means of checking 
unlimited discussion ^ have often been proposed for it. 

Conference Committees. — If one house amends a bill 
which has already passed the other, it must be returned 
for re-passage to the house where it originated. This is 
a frequent cause of conflict between the two houses, and 
each tries to insist on its rights.^ 

When such a dispute cannot be easily adjusted, a con¬ 
ference committee must be appointed. This is composed 
of members from each house, and they endeavor to arrange 
a compromise which will be acceptable to both houses. 
Generally their decision is ratified without question, but 
sometimes even this method of settlement fails. 

1 This is called, technically, a rule for “ closure.” 

2 Within very recent years the Senate has shown itself to be the stronger 
body. This is partly because its members have longer terms, and so become 
more skillful in exerting their influence and adhering to their demands. 


So 


THE NATIONAL GOVERNMENT. 


Methods of Voting. — There are three methods of voting 
in Congress, (i) Members respond “aye” or “no” by 
acclamation. (2) If a division is called for, a rising vote 
is taken and the members are counted. In the House, the 
counting is done by two tellers, who stand near the 
Speaker’s desk, while the members pass between them in 
single file, first those voting in the affirmative, and after¬ 
ward those opposing the motion. When the “ yeas and 
nays ” are called for, or whenever the rules of either house 
require them, the roll is called and each member votes as 
he responds to his name. This vote is entered on the 
journal.^ 

After the roll-call is completed, the presiding officer announces the 
pairs. Members who belong to different political parties may agree 
that they shall be recorded on opposite sides of party questions, 
whether they are present or not. Or pairs may be arranged for particu¬ 
lar votes only. This device enables a member to be absent from his 
seat without feeling that his vote is needed. 

The President’s Power in Lawmaking. — A bill which 
has received a majority vote in both houses is next sent to 
the President. 

Article i. Section 7, Clause 2. Every hillivhich shall 
have passed the House of Representatives and the Senate 
shall, before it become a law, be presented to the President 
of the United States ; if he approve he shall sign it, but if 
not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objec¬ 
tions at large on their journal and proceed to reconsider it. 
If after such reconsideration tzvo-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the 


^ See pp. 69-70. 


HOW LAWS ARE MADE BY CONGRESS. 


8l 


objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house it 
shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days {Sundays 
excepted) after it shall have been presented to him, the same 
shall be a laiv, in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in 
ivhich case it shall not be a law. 

The framers of the Constitution intended that the veto 
power should be a check, though not an absolute one, upon 
hasty or unwise legislation. The President may cause a 
bill to fail by neither signing nor vetoing it during the last 
ten days of a session. The term pocket veto has been 
applied to this method of defeating bills. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Copies of the Congressional Record and the Congressional Direc¬ 

tory furnish interesting illustrations of the topics treated in this 
chapter, 

2. Procedure in the Senate, Ashley, The American Federal State, 

228-231. In the House, ibid., 250-258, 263-264. 

3. What difference is there in the granting of recognition in the 

Senate and House ? Harrison, This Country of Ours, 45-48. 

4. An interesting account of the appearance and character of the 

Senate, Bryce, I, 114-120 (117-123). 

5. The character of Representatives — procedure in the House — the 

number of bills introduced, Bryce, I, 124-134 (128-138). 

6. What appearance does the House make when at work 1 Bryce, I, 

138-144 (142-148). 

7. An Englishman’s criticisms on our committee system, Bryce, I, 

153-160 (157-164). 


G 


82 


THE NATIONAL GOVERNMENT. 


8. General observations on Congress, Bryce, I, Chapter ig. 
g. How are obstructive tactics carried on ? Alton, Among the Law¬ 
makers, Chapter 20. 

10. Why is there little debate in the House of Representatives? Wil¬ 

son, Congressional Government, 72-73, 86-102. 

11. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244; 

Century Mag., 65 : 4gg-5i5. 

12. Our Process of Lawmaking, Arena, 23: 480-484; Century Mag., 

64: 170-187. 

13. The Speaker’s Influence, Rev. of R’s, 21:85-86; Arena, 21: 

653-666. 

14. Comparisons of Congress with Parliament, N. Am. Rev., 170: 78- 

86 ; Arena, 23 : 5g3-6o5. 




CHAPTER X. 


SOME IMPORTANT POWERS OF CONGRESS. 

I. National Finances. 

The Power of Taxation. — When we speak of the 
finances of a country, we mean its revenues and expendi¬ 
tures. Revenues have their origin chiefly ^ in taxation, 
and the power vested in Congress by virtue of which taxes 
are imposed and collected is found in the following clause: 

Article I, Section 8, Clause i. The Corigress shall have 
power to lay and collect taxes^ duties^ imposts and excises, 
to pay the debts and provide for the common defense and 
general welfare of the United States; but all duties, imposts 
and excises shall be uniforyn throughout the United States. 

Duties on Imports. — The two forms of taxes relied upon 
by the United States for its revenues are (i) duties and 
(2) excises.^ A duty is a tax levied upon goods that are 
imported into the United States.^ The merchant doing 
business in New York, for example, cannot obtain posses¬ 
sion of the goods he has imported until the officers of the 
custom-house at that port have examined the invoice-, or 
the list of articles in each package, with their prices; and 

1 Considerable sums are derived by our National government from the sale 
of public lands. See Chapter on Territories and Public Lands. 

2 The terms duties and imposts are nearly synonymous. 

® Duties on exports are prohibited in Section 9, Clause 5, of Article I; 
No tax or duty shall be laid on articles exported from any State. 

83 


84 


THE NATIONAL GOVERNMENT. 


the officers may examine the goods, also, to see if they 
correspond in amount and quality to the statements of the 
invoice. The importer then pays to the collector of the 
port of New York the amount of the duty levied on his 
importation. 

Kinds of Duties.—These are of two kinds, (i) Specific duties are 
fixed amounts levied on certain units of measurement of commodities, 
as the pound, yard, or gallon. (2) Ad valorem duties are levied at a 
certain rate per cent on the value of the articles taxed. Below are given 
several examples of duties imposed by the tariff law of 1897 (the Ding- 
ley law). 

Watches, 40 per cent ad val. 

Umbrellas, 50 per cent ad val. 

Leather manufactures, 35 per cent ad val. 

Glassware, 60 per cent ad val. 

Apples, 25^ per bushel. 

Honey, 20^ per gallon. 

Cheese, (if per pound. 

Table knives, \(>f each and 15 per cent ad val. 

Blankets, 22 f per pound and 30 per cent ad val. 

It is apparent that on some articles both kinds of duties are levied. 

In the fiscal year ending June 30, 1902, the total amount of duties 
collected was $254,500,000. New York is by far the most important 
port of entry. 

Passengers on steamships coming from foreign countries are required 
to declare what dutiable goods they have among their baggage, each 
person being allowed to enter $100 worth of goods free of duty. Upon 
landing, their baggage is examined ; trunks and valises are opened, and 
in suspected cases the persons of travelers are searched for concealed 
dutiable goods. The temptation to undervaluation and to smuggling, 
in order to escape this form of taxation, is so great that constant vigi¬ 
lance is necessary at custom-houses and along the borders of the United 
States to prevent these frauds. Special agents and revenue cutters are 
employed to detect violations of the law. 

Tariff Laws. — A tariff is the list of the rates of duties 
fixed by law. An importer of foreign goods must consider 



SOME IMPORTANT POWERS OF CONGRESS. 85 


the amount of the duties he has paid as part of the cost of 
the goods when he sells them. If a higher price is caused 
in this way, this may deter importation and encourage the 
production of such articles in this country. Consequently, 
high rates of duties may have a decided influence upon the 
industries of a country. When the rates of duties are so 
adjusted as to bring about this result, we have a protective 
tariff; i.e. one under which persons can produce in this 
country certain articles which otherwise they could not 
produce, because of their cheapness when imported from 
a foreign country. The duties are made so high that it is 
not profitable to import the articles. When rates of duties 
are fixed primarily with the object of raising revenue, and 
without regard to their effect upon the industries of the 
country, we have a tm'ijf for revemie. This kind of tariff 
is generally meant when the term free trade is used. 
Articles on which no duties are imposed are said to be 
on the free list. There is no country which fails to collect 
duties on some of its importations. 

Reciprocity Agreements. — The United States has entered into 
reciprocity treaties with various countries for securing the reduction of 
tariff rates. Each country agrees to admit certain products of the 
other country at reduced rates, or free of duty. These are generally 
commodities in the production of which there is little or no competi¬ 
tion between the parties to the treaty. 

Internal Revenue Taxes. — Excises are taxes laid upon 
the manufacture and sale of certain products within the 
country. At the present time these internal revenue taxes 
are levied by the National government upon liquors,^ to- 

1 Taxes are levied, not only upon the liquors themselves, but upon the 
business of brewing and rectifying ; of selling by wholesale and by retail ; of 


86 


THE NATIONAL GOVERNMENT. 


bacco, snuff, opium, oleomargarine, filled cheese, mixed 
flour, and playing cards. The greater number of these 
taxes are paid by the purchase of stamps, which must be 
affixed, in the proper denominations, to the articles taxed. 
When the packages are broken, the stamps must be de¬ 
stroyed so that they cannot be used again. 

War Taxes. — Because taxes of this kind are so easily collected, the 
government has extended them to a great number of articles when it 
suddenly needed a large revenue, as in the War of 1812, the Civil War, 
and the Spanish War of 1898. The law of 1898 increased the taxes on 
liquors and tobacco, and imposed new taxes on (i) proprietary articles, 
and (2) documents. Under the first heading fall patent medicines and 
compounds of various kinds. Documentary taxes ^ were imposed upon 
legal papers, such as deeds, mortgages, etc., and also upon bank checks 
and drafts, telegraph and telephone messages, and express receipts. 
Under this law the internal revenue receipts rose from $170,000,000 in 
1898, to $273,000,000 in 1899. Congress has repealed these special 
war taxes. 

The law of 1898 also levied taxes on bankers and brokers; and it 
included a legacy tax, which is still in force. Inheritances above 
$10,000 are taxed at various rates, which differ with the degrees of re¬ 
lationship that may exist between the one who bequeaths the property 
and the persons inheriting it. 

Rules for Levying Taxes. — The Constitution contains 
two rules by which Congress must be guided in the levy¬ 
ing of taxes. We have seen. Article I, Section 8, Clause i, 
that duties, imposts, and excises, must be uniform through¬ 
out the United States ; that is, the same rates must pre¬ 
vail everywhere. Another provision. Article I, Section 2, 
Clause 3, is that representatives and direct taxes shall be 

manufacturing stills ; and upon the stills themselves. A list of these taxes 
may be obtained from the collector of any internal revenue district. 

1 These were exactly like those imposed by Parliament in the Stamp Act 
of 1765. 


SOME IMPORTANT POWERS OF CONGRESS. 87 

apportioned among the several States . . . according to 
their respective numbers} 


We have, therefore, the 


1 . Direct 
taxes, 
levied on 


persons,^ 

lands, 

incomes. 


following classification : — 

Must be apportioned among 
the States according to popu¬ 
lation. 


II. Indirect duties, 
taxes imposts, 
excises. 


Must be uniform throughout 
the United States. 


So far, we have discussed the indirect taxes only, for at 
present the United States levies no direct taxes. In our 
previous history, however, the government has imposed 
all the kinds of taxes mentioned in the outline above. In 
levying a direct tax. Congress must determine the total 
amount to be raised (as ;^2,ooo,ooo in 1798, and $20,000,000 
in 1861), and then apportion this amount among the 
States, according to their population. It is evident that, 
if this kind of tax is imposed upon property or incomes, 
the rate will not be uniform throughout the United States. 

The bills introduced into Congress which provide for 
taxation are called “bills for raising revenue.” They 
must originate in the House of Representatives (Article I, 
Section 7, Clause i). The Committee on Ways and Means 
frames these bills. In the Senate, such bills are referred 
to the Committee on Finance, and here the bills may be 
amended. 

1 See also Article I, Section 9, Clause 4: No capitation, or other direct, tax 
shall be laid unless in proportion to the census or enumeration hereinbefore 
directed to be taken. 

2 These are poll taxes. Such a tax was levied on slaves in 1798 and 1813. 






88 


THE NATIONAL GOVERNMENT. 


The Appropriation of Money. — Appropriation bills are 
those which provide for the expenditure of the govern¬ 
ment’s funds, and these bills are in charge of the com¬ 
mittee on appropriations in each house. 

Below is a list of the principal items in the revenues and 
appropriations for the year ending June 30, 1902. 


Revenues. 


Duties ..... 



Internal revenue 

. 

272,500,000 

Miscellaneous 

• 

36,000,000 

T otal. 

Expenditures. 

. $563,000,000 

War Department 


. $111,500,000 

Navy Department . 


68,500,000 

Indian Bureau 


10,000,000 

Pensions .... 


138,500,000 

Interest on public debt 


29,000,000 

Civil list and miscellaneous 


. 113,500,000 

Total .... 


. $471,000,000 


The Power to borrow Money. —We have now seen how 
money is provided for the government under ordinary cir¬ 
cumstances. In extraordinary cases this revenue is not 
sufficient; accordingly, Congress has been given power by 
Article I, Section 8, Clause 2, To borrow money 071 the credit 
of the Ufiited States. 

Money is borrowed in most cases by the sale of bonds. 
These are of the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the 
promise of the United States to pay a certain amount, at a 
stated time, with interest. A “ registered ” bond contains 
the name of the owner, and this is a matter of record at the 










SOME IMPORTANT POWERS OF CONGRESS. 89 


treasury department. When this bond is transferred, 
the record must be changed. “ Coupon ” bonds are usually 
payable to bearer; they have attached to them a number of 
coupons equal to the number of interest payments due 
during the term of the bond. 

Bonds are bought and sold on the market, and their prices are quoted 
in the daily papers. When the bonds fall due, they are redeemed by 
the government at their face value, or “ at par.” On the market all 
United States bonds are now selling “at a premium.” Issues of bonds 
were made in 1898, the rate of interest being 3 per cent, and in 1900, 
the rate being 2 per cent. The Public Debt Statement issued monthly 
by the treasury department gives the divisions of the bonded debt 
and the amount outstanding. On February i, 1903, this amount was 
$914,541,330. 

II. The Power of Congress over Commerce. 

The Control of Commerce. — The power over commerce, 
which we are next to discuss, was given to Congress be¬ 
cause the history of the country under the Articles of Con¬ 
federation demonstrated conclusively the fact that State 
control of commerce was entirely inadequate. Through 
Congressional control we secure that uniformity which is 
essential to security and prosperity in commercial matters. 
Not all commerce that is carried on by the citizens of this 
country is subject to control by Congress. The Constitu¬ 
tion gives it the power, in Article I, Section 8, Clause 3, 
To regulate commerce with foreign nations^ aitd among the 
several States^ and with the Indian tribes. 

There is a vast amount of commerce that is carried on 
entirely within the limits of the different States. Over this 
commerce Congress has no power; it is regulated by State 
laws relating to trade and transportation. 


90 


THE NATIONAL GOVERNMENT. 


Interstate Commerce. — The distinction between State 
and interstate commerce is not readily seen in many cases; 
but in general it may be said that if a commodity starts in 
one State destined for another, its control throughout its 
course lies within the power of Congress. This principle 
applies to both land and water transportation. So the 
coast trade among the States lies within the jurisdiction of 
Congress; also, commerce upon those rivers that form 
highways between different States. The harbors and 
waterways of the United States have been improved by 
the expenditure of many millions of dollars. This money 
has been appropriated in the “River and Harbor Bills” 
that are passed by almost every Congress. 

The Interstate Commerce Law. — The importance of rail¬ 
road transportation led to the enactment, in 1887, of the 
“ Interstate Commerce Law,” controlling this form of com¬ 
merce. The law became necessary because of certain 
abuses which had arisen. In many instances, the rail¬ 
roads gave lower freight rates to certain persons than to 
others doing the same kind of business; again, the mer¬ 
chants or manufacturers of certain cities were favored by 
more liberal rates than could be obtained by those who 
were engaged in the same industries in other cities. As a 
result, the business of many persons and places suffered 
injury, while the business of their rivals prospered through 
the advantages given to them by the railroads. In conse¬ 
quence, the Interstate Commerce Law provided that all 
rates should be “just and reasonable.” It was made un¬ 
lawful to discriminate by giving to any particular person, 
corporation, or locality an unreasonable advantage over 


SOME IMPORTANT POWERS OF CONGRESS. 91 

Others.^ All rates for interstate commerce must be made 
public under this law. Finally, the Interstate Commerce 
Commission was created to supervise the administration of 
the law. 

The Interstate Commerce Commission. — Complaints con¬ 
cerning the violation of the Interstate Commerce Law are 
made to this Commission, which consists of five members 
appointed by the President and confirmed by the Senate. 
The Commission cannot inflict penalties upon persons who 
are found by their investigations to have violated the law; 
this can be done only after the offender has been tried and 
found guilty in a court. Consequently, although some 
abuses have been corrected, the railroads still engage in 
other practices that are prohibited, and additional power 
must be given to the Interstate Commerce Commission 
before it can prevent the violation of the law. 

The Control of Trusts. — Among the abuses arising in 
connection with interstate commerce are those which re¬ 
sult when persons enter into agreements or combinations to 
prevent free competition; for under these circumstances 
prices are raised, or certain persons are favored in trade. 
In 1890, Congress passed a law prohibiting such combina¬ 
tions “ in restraint of trade or commerce among the several 
States or with foreign nations.” This is known as the 
Sherman Anti-trust Law. Now, a trust is simply a large 
corporation which has absorbed or killed off, more or less 
completely, other establishments engaged in the same in¬ 
dustry. The trust may or may not have a monopoly, that 

1 The 57th Congress passed in 1903 a law providing penalties for the grant¬ 
ing and the acceptance of “rebates.” 


92 


THE NATIONAL GOVERNMENT. 


is, complete control in that line of business; and it may or 
may not be engaged in interstate commerce. An agree¬ 
ment among certain railroad companies to establish and 
maintain freight rates was declared to be in violation of the 
law of 1890. Also, a combination, or “ conspiracy,” among 
railroad employees to stop the running of trains was de¬ 
clared illegal.^ 

The “ trust problem,” which is so prominent in current political dis¬ 
cussion, is the question of preventing the evils of combination in 
industry. These evils become evident when excessive prices are 
charged by persons who control certain lines of business; that is, when 
free competition is prevented in the production, transportation, or sale 
of commodities. If the business conducted by a trust lies entirely 
within the limits of a single State’s boundaries, then it must be regu¬ 
lated by State law. How far Congress may go in its regulation of 
trusts under the interstate commerce clause of the Constitution, quoted 
above, is an unsettled problem. Some authorities hold that the power 
of Congress is sufficient to meet all cases ; while others believe that the 
Constitution must be amended before Congress can pass laws which will 
prevent the evils of combination in industry.^ 


III. The Money of the United States. 

Our National Currency. — Another of the most important 
powers of Congress is that granted in the following 
clause: — 

Article I, Section 8, Clause 5- To coin money^ regulate 
the value thereof, and of foreign coin, and fix the standard 
of weights and measures. 

In civilized countries it is the practice of the govern¬ 
ment to furnish to the people a “ circulating medium ” for 

1 Other cases are cited in “ Government in State and Nation,” p. 203. 

2 The Commissioner of Corporations in the Department of Commerce and 
Labor, which was created in 1903, has authority to investigate the manner 
in which corporations conduct their interstate business. 


SOME IMPORTANT POWERS OF CONGRESS. 


93 


use in trade and commerce. Two kinds of money are in 
use in the United States : (i) coin, or specie ; and (2) paper 
money. The total amount of money in circulation in the 
United States on June 30, 1901, was ^2,249,000,000, or 
about ^28.43 per capita for the whole population. Of this 
amount, two-thirds, roughly speaking, was paper money of 
the various kinds, and one-third was metal money.^ We 
shall first consider the coins of the nation. 

How Coins are Made. — The coinage of money takes 
place at the mints, which are located at Philadelphia, 
Denver, New Orleans, and San Francisco. Gold and 
silver come to the mints in the form of bricks, or rough 
bars, to which the term btillio 7 t is applied. Alloy must be 
added to the pure metal for the purpose of rendering it of 
sufficient hardness to withstand wear. In our gold and 
silver coins one-tenth of the weight is an alloy composed 
of copper and nickel. A quantity of the bullion of the 
required purity is first melted and then cast into ingots, 
or long bars. Each bar is next run between heavy rollers 
until it takes the form of a thin strip. From the strip are 
punched round pieces, called “blanks,” of the size and 
thickness of the coin that is being made. In the next 
process the blank is weighed on a delicate balance; when 
found to be of the correct weight, the coin is placed in a 
powerful press, and from this it comes with its edge raised 
above the face and its edge milled. In a similar press the 
designs are stamped upon the faces of the coin. 

1 “Statistical Abstract,” 1902, pp. 57-59. In addition to this amount in 
circulation the United States Treasury contained ^313,000,000, of which 
;^25 3,000,000 was gold. 


94 


THE NATIONAL GOVERNMENT. 


Below is a list of the coins now being minted. 

Gold Coins.^ 

Double eagle Half-eagle 

Eagle Quarter-eagle 

Silver Coins. 

Standard dollar Quarter dollar 

Half dollar Dime 

Minor Coins. 

Five-cent (nickel) One cent (bronze) 

The silver coins less in value than one dollar are called subsidiary 
coins. 

The Ratio of Gold and Silver Coins.— The law fixes the weight of 
pure metal in a silver dollar at 371.25 grains, troy weight, and that of 
the pure metal in a gold dollar at 23.22 grains. The ratio of these 
weights is 15.988-f : i, or nearly 16:1. This indicates the origin of 
the famous expression, “ sixteen to one.” 


Free Coinage. — By free comage is meant a policy established by law, 
under which any person may bring bullion to the mint in any amount 
and have it coined; that is, the amount which the government will coin 
is unlimited by law. Our country has always had the policy of free 
coinage with respect to gold. This was also the policy in the coinage 
of our silver dollars until 1873. At that time the coinage of the silver 
dollar was discontinued until a law was passed in 1878 (the Bland Act) 
renewing its coinage, but in limited quantities. The government 
purchased silver bullion under this law, and under the Sherman Act 
(1890), but since 1893 no silver bullion has been purchased for the 
coinage of silver dollars, but the bullion already on hand has been 
used for this purpose. 


Paper Money. — We have in the United States five 
kinds of paper money in general circulation : — ^ 

Kinds. Amounts outstanding Dec. 31, 1902. 

I. United States notes.^346,000,000 


2. Gold certificates 

3. Silver certificates 

4. National bank notes . 

5. Treasury notes of 1890 


383,000,000 

469,000,000 

384,000,000 

24,000,000 


1 No gold one-dollar pieces have been coined since 1890. 






SOME IMPORTANT POWERS OF CONGRESS. 


The History of United States Notes. — United States 
notes, or “ greenbacks,” as they are commonly called, 
originated during the Civil War. When the government 
was without specie with which to purchase supplies for 
the army and pay other expenses, it issued these notes. 
Each note says on its face, “The United States will pay 

to bearer $ -” Since no time was set for the fulfillment 

of this promise, and since there was neither gold nor 
silver in the treasury with which to redeem the notes, 
people would naturally hesitate to accept them in payment 
for goods or salaries. Consequently, Congress made the 
notes “ legal tender ” ; ^ that is, the law compelled cred¬ 
itors to receive this kind of money in payment for debts. 
The notes passed into circulation, therefore, because 
people were forced to take them; but their value de¬ 
preciated greatly during the war. In 1879 the govern¬ 
ment began the redemption of the notes in specie, and 
since that time they have been worth their face value. 

Gold and Silver Certificates. — It is much more con¬ 
venient to handle paper money than coins. Consequently, 
provision is made for the gold certificates and silver cer¬ 
tificates which represent, respectively, gold coins and silver 
dollars stored in the United States treasury and ready for 
exchange for the certificates at any time. 

National Bank Notes. — The fourth kind of paper money 
is issued by national banks. These are organized under 
United States law and subject to control by an officer of 

1 Our full legal tender coins at present are the gold coins, silver dollars, 
United States notes and treasury notes of 1890. Subsidiary silver coins are 
legal tender in amounts not greater than ^10.00, and the minor coins are legal 
tender to the amount of twenty-five cents. 



96 


THE NATIONAL GOVERNMENT. 


the Treasury Department. Like banks that are organized 
under State law, national banks conduct the ordinary 
banking operations. This part of their business is subject 
to failure, and the depositors are liable to loss, as in the 
case of other banks. But the holder of a National bank 
note may always be sure of the fulfillment of the promise 

printed on its face, that “The National Bank of_ 

will pay the bearer $ _, on demand.” This is because 

the security for these notes consists of United States bonds. 
Every National bank owns an amount of these bonds equal 
to the amount of its notes in circulation ; the bonds are 
deposited with the government at Washington, and if the 
bank should fail, the bonds may be sold by the government 
and thus specie will be secured with which to redeem the 
notes. 

The amount of treasury notes of 1890 is comparatively 
small, and this kind of money is destined to disappear 
within a few years. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The tariff schedule in force at the present time may be found in 

newspaper almanacs. Is this tariff high, low, or moderate in 
its rates? 

2. The Statistical Abstract, published by the Bureau of Statistics of 

the Treasury Department, gives the list of items upon which 
duties and internal revenue taxes are collected, and the amounts 
yielded by each for a series of years ; the expenditures of the 
government, with the chief items; a statement of the National 
debt; and statistics concerning the money of the United States. 

3. Why do liquors and tobaccos bear the heaviest excise taxes ? 

What reasons can you give for taxing the other articles men¬ 
tioned on p. 86 ? 

4. For a statement of the principal items of the public debt in 1901, 

see James and Sanford, Government in State and Nation, p. 193. 




SOME IMPORTANT POWERS OF CONGRESS. 97 


5. The evils of trusts and the remedies proposed are discussed in the 

following articles: Arena, 23:40-58, 617-626; 24:569-572; 25: 
264-270. Atl. Mo., 87:736-745; 89:332-339. Cent. Mag., 

60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am. 
Rev., 174 : 778-784. Nation, 71 : 4-5. 

6. Because our coins contain one-tenth alloy, they are said to be nine- 

tenths fine. Calculate from the weights of pure metal, given on 
p. 94, the total weights of the gold and silver dollars. 

7. For information concerning the Act of Congress fixing a “ standard 

of weights and measures,” see Government in State and Nation, 
219. 

8. The depreciation of the United States notes, referred to on p. 95, 

is shown graphically in Government in State and Nation, 210. 


II 


CHAPTER XI. 


OTHER GENERAL POWERS OF CONGRESS. 

1 . Power of Naturalization. 

Who are Citizens.—Who are citizens of the United 
States is always a question of interest. We find it clearly 
answered in the first clause of the fourteenth amendment 
as follows : All persons born or natnralized in the U^iited 
States and snbjeet to the jurisdiction thereof are citizens of 
the United States and of the States zvherein they reside. 

Thus there are two classes of citizens: (i) those who 
are citizens by birth; (2) those who have been natural¬ 
ized. Children born in this country, though of foreign 
parentage, and residing here, may be considered American 
citizens if they choose. According to an Act of Congress, 
passed in 1882, Chinese aliens may not be naturalized; 
but our Supreme Court has decided that a child born in the 
United States, of Chinese parents, is a citizen, if he desires 
to be. Though born in a foreign country, a child whose 
father is an American citizen may claim the privilege of 
American citizenship. Indians who keep their tribal 
relations are not included under the provisions of this 
section. 

Naturalized Citizens. — The second class of citizens are 
those who are naturalized. That the rules should be uni- 

98 


OTHER GENERAL POWERS OF CONGRESS. 


form by which aliens become citizens, is self-evident. 
After a brief discussion, the Constitutional Convention 
provided in Section 8, Clause 4, that Congress shall have 
the power to establish a imiform rule of naturalization^ and 
uniform laws on the subject of bankruptcies throughout the 
United States. 

Process of Naturalization.—(i) The foreigner desiring 
to become a citizen goes before the clerk of any court of 
record and declares, “upon oath,” that it is his intention 
to become a citizen of the United States, and to renounce 
all allegiance to the government which has jurisdiction over 
him. He then receives his “first papers.” (2) After he 
has resided in the United States for five years, providing 
two years have elapsed since his “ declaration of intention,” 
he may secure his certificate of naturalization. He must 
appear in open court and swear that he will support the 
Constitution of the United States, and renounce all alle¬ 
giance to any foreign power. Two witnesses must testify 
to his term of residence, and declare that he is a man of 
good moral character. His wife, and those of his children 
who are under twenty-one years of age, become citizens at 
the same time. In certain cases. Congress has, by a single 
act, admitted large numbers of aliens to American citizen¬ 
ship, as it did at the time of the purchase of Louisiana, 
the annexation of Texas, and of Hawaii. 

Bankrupt Laws. — It sometimes happens, because of general depres¬ 
sion in trade throughout the country, on account of losses, or for other 
reasons, that business men become heavily involved in debt. They are 
said to be insolvent. Now it is but just that such property as they 
have should be divided in some equitable way among the creditors. 
A bankrupt law secures such a division, and the debtor is, at the same 


ILofC. 


100 


THE NATIONAL GOVERNMENT. 


time, ireed from all legal obligation to pay the debts which cannot be 
met in this way. The first law of Congress on this subject was passed 
in 1802, and repealed in 1803. Since that time there have been three 
other bankrupt laws, but the total time during which they have been in 
force amounts only to some twenty years. The last law, that of 1898, 
is still in operatiop.^ 

Some States have also passed insolvency laws. How¬ 
ever, these must not in any way conflict with the provisions 
of the national bankrupt laws. 

II. The Postal System. 

Organization of the Post-oflSice Department. — We can 
appreciate somewhat the advancement made in the postal 
service rendered by the government when we read that an 
Act of Congress in 1782 directed that mail should be carried 
“at least once in each week from one office to another.” 
Our well-organized postal system, declared recently by the 
Postmaster-General to be the “greatest business concern” 
in the world,^ has been evolved through laws made in car¬ 
rying out the provision of the Constitution that Congress 
shall have power to establish post-offices a 7 td post-roads. 

As is well known, the Postmaster-General, a member of 
the President’s Cabinet, is at the head of this Department 
of government. Among his duties, that of overseeing the 
appointment of some 70,000 postmasters is by no means 
the least.^ These are the so-called fourth-class post- 

1 See “ Government in State and Nation,” pp. 224, 225, for a further discus¬ 
sion of bankrupt laws — especially that of 1898. 

2 The total receipts of the Post-office Department for 1902 were ^121,840,- 
047. 

® The appointments are actually made by the Fourth Assistant Postmaster- 
General. 


OTHER GENERAL POWERS OF CONGRESS. 


lOI 


masters. The other three classes, in which are included 
those postmasters whose salaries are not less than ^looo, 
are appointed by the President, with the consent of the 
Senate. 

Classes of Mail.—Mail matter belongs to one of four classes. In 
general, the classes and rates are as follows: First class — letters, two 
cents an ounce; second class — newspapers and periodicals, one cent 
a pound; third class — books, one cent for two ounces; and fourth 
class — merchandise, limited to four-pound packages, one cent an ounce. 

Free Delivery. — Among the notable advances in the 
mail service was the provision for the free distribution of 
mail in the cities of 10,000 inhabitants, or where the annual 
postal receipts are $10,000 and above. 

Rural Free Delivery. — No innovation in postal methods 
has been more successful than the free delivery of mails 
in the country districts. The development of the system, 
since its establishment in 1897, has been remarkable.^ 

Among the good effects resulting from its extensive 
introduction may be mentioned the following: (i) Cor¬ 
respondence in the communities affected has increased. 
(2) The circulation of the daily newspaper and of periodi¬ 
cal literature has been greatly enlarged, and interest has 
grown in public affairs. (3) Good roads have been multi¬ 
plied, for they are made one of the conditions for the intro¬ 
duction of the service. (4) Because the country districts 
are brought into daily communication with the centres of 
population, the tendency to quit the farm for the town 

1 According to the report of the superintendent for the year ending June 30, 
1902, 8413 routes had been established. Congress granted an additional 
sum of nearly $$,000,000 to extend this service during the year 1903. Presi¬ 
dent Roosevelt, in his annual message for 1902, pronounces the system an 
unqualified success, and urges its further extension. 


102 


THE NATIONAL GOVERNMENT. 


has been lessened and thus rural free delivery is helping, 
in some degree, to solve one of the problems of our 
social 'and industrial life. 

Money Orders. — Another great convenience in this de¬ 
partment is the “ money order ” office, through which 
money may be transferred quickly and safely. The office 
is also made a bank of deposit by many persons, who 
secure money orders payable to themselves. 

Postal Savings-banks. — At various times bills have been before 
Congress providing for the establishment of postal savings-banks in 
connection with post-ofhces. It is proposed that they shall receive 
small amounts on deposit, paying a low rate of interest, and that the 
funds secured be invested in government bonds. A strong argument 
in favor of their establishment is, that they have met with much favor 
in many of the European countries. 

Some of the Defects in our Postal System. — (i) One of the great 
abuses in the postal system arises through the delivery of second-class 
matter. There can be little doubt but that private interests are often aided 
by a perversion of the law defining periodical publications. That this 
is an unjust drain upon the public funds is clear, when we consider that, 
in a recent year, the government expended $20,000,000 more than it 
received for carrying second-class mail. (2) Another serious defect 
has existed, in the payment of exorbitant rates to railroad companies 
for carrying the mails. (3) Some Congressmen abuse the privilege 
granted them of sending government publications free. (4) The pos¬ 
tal system has offered one of the best fields for the manipulation of 
the spoilsman. Postmasters have been usually appointed on the recom¬ 
mendation of representatives, and, too frequently, the one essential 
to securing an office is that the successful applicant must be influential 
in politics.1 

1 “ The policy now is to consider all fourth-class postmasters as appointed 
for an indefinite period, and subject to removal for cause only.” — Report of 
Civil Service Commission, 1901-1902, p. 20. 


OTHER GENERAL POWERS OF CONGRESS. 103 


III. Copyrights and Patents. 

Copyrights and Patents. — Section 8, Clause 8. To pro¬ 
mote the progress of science and nsefid artSy by securing, for 
Ihfiited times, to authors and inventors, the exclusive right 
to their respective writings and discoveries. 

The development of American literature has been 
greatly aided through the operation of laws based on this 
clause. Copyrights are secured from the Librarian of Con¬ 
gress. Any person obtaining a copyright has the sole 
right to print, copy, or sell the book, chart, engraving, 
music, etc., for a period of twenty-eight years. A copy¬ 
right may be renewed for fourteen years longer. It may 
be sold or transferred, providing a record of the transfer 
be made in the office of the Librarian of Congress, within 
sixty days. 

Patents. — Americans have been rightly named the 
great inventors of the world. Not a little of our marvel¬ 
ous industrial progress has been due to this inventive 
ability. The government has contributed to the same 
end, through the enactment of laws protecting those in¬ 
ventors who secure patents. A person desiring a patent 
must declare upon oath, in his petition addressed to the 
Commissioner of Patents, that he believes himself to be 
the first inventor of the article for which he solicits a 
patent. The sum of fifteen dollars is charged for filing 
the application, and twenty dollars for issuing the patent. 
A patent is granted for seventeen years, but may be ex¬ 
tended for seven years more. During this period, the 


104 


THE NATIONAL GOVERNMENT. 


patentee has the exclusive right to manufacture, sell, or 
transfer his invention.^ 

IV. Military Powers of Congress. 

Section 8, Clauses ii, 12, 13, 14. To declare war,grant 
letters of marque and reprisal, ajid make ndes concernijig 
captures on land and ivater. 

To raise and support armies, hut 710 appropriation of 
money to that use shall be for a longer term thari two years. 

To provide and maintain a navy. 

To make rules for the government and regulation of the 
land and naval forces. 

The Army. — Americans are always impressed by the 
military spirit so prevalent in European nations. Com¬ 
pared with the standing army of Germany, which has 
some 700,000 men, and with that of Russia, containing 
1,000,000 men, or with that of most European nations, 
our army is insignificant in size. According to a law 
of 1901, the army of the United States cannot contain 
more than 100,000 men.^ 

Fortunately, there has always existed in the United 
States the desire to keep the standing army from becom¬ 
ing unduly large. The Constitution itself indicates that 
appropriations for the army shall not be for a longer 
time than two years. At the end of this period, the 
people may check the growth of the army through the 
election of representatives opposed thereto. 

1 The total number of applications filed for patents, in 1902, was 50,000, 
This was the largest number ever applied for in a single year. 

2 The annual report of the Secretary of War, for 1902, shows that the num¬ 
ber of enlisted troops in our army numbered 59,806. 


OTHER GENERAL POWERS OF CONGRESS. 105 


Officers and Classification of the Army. — The President is, ex- 
officio^ commander-in-chief of the army and navy of the United States. 
The office of general was created, by Congress, March 3, 1799, but was 
not filled. It was revived in 1866 for General Grant, General Sherman 
succeeding to the title in 1869. The same rank was bestowed on 
General Sheridan in 1888. The lieutenant-general is next in rank to 
the general. The army is apportioned to three geographical divisions : 
that of the Atlantic, of the Missouri, and of the Pacific. Each division 
is commanded by a major-general. These divisions are sub-divided 
into six departments, each having one or more brigades of men in com¬ 
mand of a brigadier-general. Each brigade is divided into regiments 
commanded by a colonel, who is aided by a lieutenant-colonel and a 
major. The adjutant, who acts as secretary for the colonel, and the 
quartermaster, who looks after the supplies, are both officers of the regi¬ 
ment, ranking as first lieutenants. Infantry regiments consist of ten 
companies. The cavalry regiments have twelve troops or companies; 
and the artillery, twelve companies or batteries. The maximum num¬ 
ber of men in a company is roo. The commissioned officers of a com¬ 
pany are, captain, first and second lieutenants, with an additional first 
lieutenant for the artillery. The non-commissioned officers are, first 
sergeant, sergeant, and corporal. Officers above the rank of captain 
are called “ field officers,” and all others, “ officers of the line.” 

The Navy. — We are told by competent authorities that 
one of our best means of preserving peace with foreign 
powers is to maintain a strong navy. This has become 
much more necessary since the United States has begun 
to acquire insular possessions. Although the construction 
of the modern American navy was not begun until 1883, 
since that time progress has been so marked that it is now 
estimated our navy ranks fourth among the navies of the 
world. The order is Great Britain, France, Russia, the 
United States. In the year 1899 Congress appropriated 
1^36,000,000 for the construction of twelve new ships of 
war.^ 

1 According to the report of the Secretary of the Navy, for 1902, the fighting 
strength of the American navy, counting ships launched, under construction, 


io6 


THE NATIONAL GOVERNMENT. 


Names of Vessels. — A ship of the first class is given the name of a 
State; one of the second class that of a principal city or river, and the 
names for ships of the third class are selected by the President. The 
navy now contains 312 vessels. 

Officers in the Navy. — The titles admiral and vice-admiral, corre¬ 
sponding to the grades of general and lieutenant-general in the army, 
were created by act of Congress to be bestowed on the following men 
as recognition for distinguished services during the Civil War: Admirals 
Farragut and Porter; and Vice-Admirals Farragut, Porter and Rowan. 
Admiral Dewey was granted his title by a special Act of Congress after 
the battle of Manila. The officers of the navy ranking with major- 
generals, brigadier-generals, colonels, and so on, in the army, are rear- 
admirals, commodores, captains, commanders, lieutenant-commanders, 
lieutenants, masters, ensigns. 

The Militia. — With but little opposition in the Constitu¬ 
tional Convention, Congress was given the power to make 
provision for citizen-soldiers as follows : — 

Section 8, Clause 15. To provide for calling forth the 
militia to execute the laws of the U 7 iio 7 iy stippress msnrrec- 
tions and repel invasions. 

Clause 16. To provide for orga 7 tizmgy armmg and dis¬ 
ciplining the militia^ a 7 id for gover 7 ii 7 ig snch part of the 77 i as 
77 iay he e 77 iployed m the se 7 'vice of the U 7 iited States, reserv- 
mg to the States 7 'espectively the appoi 7 it 77 ie 7 it of the office 7 's, 
a 7 id the antho 7 'ity of t 7 'ai 7 ii 7 ig the militia acco 7 'di 7 ig to the 
disciplme presc 7 'ibed by Co 7 igress. 

Number of the Militia. — All able-bodied male citizens 
of the United States and males between eighteen and 
forty-five years of age who have declared their intention to 
become citizens are regarded as the militia force of the 
country. As a matter of fact, there are at present only 

and authorized by acts of Congress, has increased to four times what it was at 
the beginning of the war with Spain. 


OTHER GENERAL POWERS OF CONGRESS. lO/ 


about 100,000 men enrolled in this service. But in the 
case of an emergency the President may compel the gov¬ 
ernors of the various States to furnish the troops needed. 
The militia may thus be called into service, under their 
own State officers, for a period of nine months. The War 
of 1812 and the Civil War furnish the best illustrations of 
the enforcement of this provision. 

Volunteers of 1898. — We should note here the manner in which 
men were secured for the war against Spain. We see, according to 
Clause 15, that the militia may be called out only for the purposes of 
executing the laws of the Union, suppressing insurrections, and repelling 
invasions. Now, in the case given, the war was to be conducted in 
foreign territory, and President McKinley called for 200,000 volunteers. 
It was understood, however, that preference would be given to those 
volunteers who were already members of the organized militia. 


V. Location of the Capital. 

Section 8, Clause 17. Congress shall have the power to 
exereise exelusive legislation in all eases whatsoever over 
sneh distriet (not exeeeding ten miles sqtiare') as may, by ees- 
sion of partietdar States and the acceptanee of Congress, 
beeome the seat of the government of the United States, and 
to exercise like authority over all places purchased by the 
consent of the legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dock¬ 
yards, and other needfid braidings. 

One of the most interesting contests in American history 
arose in the selection of a site for the capital city. Con¬ 
gress finally accepted, for this purpose, one hundred square 
miles of land on the Potomac River, which was ceded by 
Maryland and Virginia. The thirty square miles given 


io8 


THE NATIONAL GOVERNMENT. 


by Virginia were afterward returned to that State. The 
capital was to be in New York until 1790, then in Phila¬ 
delphia until 1800. In 1800 it was transferred to the new 
district, called the District of Columbia. ^ 

VI. Implied Powers. 

Strict and Loose Construction. — Our national develop¬ 
ment has been, in large measure, dependent on the inter¬ 
pretation of the next clause of the Constitution. It is often 
called the elastic clause. 

Section 8, Clause 18. To make all laws which shall be 
necessary and proper for carryhig into execution the foregoing 
powers and all other pozvers vested by this Constitutio 7 iin the 
government of the United States or m any deparUnent or 
officer thereof. 

Briefly stated, the problem has always been. Has Con¬ 
gress the right to exercise powers not definitely granted by 
the Constitution t Alexander Hamilton first set forth the 
doctrine of implied powers. He urged that Congress 
might, in carrying out specific powers, use methods not 
expj^essly provided for in the Constitution, as in the creation 
of a bank or a mint. Since the time of this interpretation, 
which, fortunately for American interests, was sanctioned 
by Washington and later by the Supreme Court through 
its great Chief Justice John Marshall, the advocates of the 
doctrines of strict and loose construction have contended 
for their principles. Does the Constitution permit the ac¬ 
quisition of territory ? May Congress establish a protec¬ 
tive tariff, or a system of internal improvements ? We 

1 For the government of this district, see “ Government in State and Nation,” 

p. 239. 


OTHER GENERAL POWERS OF CONGRESS. 109 


have here but three of the great questions which have led 
to a definition of these opposing views. Speaking in 
general terms, the party in power has favored loose con¬ 
struction, while the party out of power has advocated 
strict construction. Said Mr. Bryce, “ The Americans 
have more than once bent their Constitution in order that 
they might not be forced to break it.” ^ 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are star routes? James and Sanford, Government in State 

and Nation, 229. 

2. Should postal savings-banks be established? N. Am. Rev., 172: 

551 - 554 - 

3. Should there be a system of postal telegraphy? Cent. Mag., 

59 : 952-956; N. Am. Rev., 172: 554 - 556 . 

4. Extent and advantages of Rural Free Delivery, Rev. of R’s, 27 : 55- 

60. 

5. Perils of the Postal Service, N. Am. Rev., 172: 420-430, 551 - 559 - 

6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115- 

127. 

7. Privateers and privateering. Government in State and Nation, 

204; Walker, The Making of the Nation, 231, 232. 

8. For the methods employed in the patent office and a comparison 

between our system and that of European nations, see Cent. 
Mag., 61 : 346-356. 

9. A good account of the reorganization of the army of the United 

States is given in the Atl. Mo., 89: 437-451. 

10. The Development of the United States Army, Scribner’s Mag., 

30:286-311, 446-462, 593-613- 

11. West Point after a Century, World’s Work, August, 1902, 

2433-2451- 

12. A Hundred Years of West Point, Outlook, 71: 591-601. 

13. Life at West Point, Rev. of R’s, 26: 45 - 53 - 

14. What was the character of our navy prior to 1883? Harrison, 

This Country of Ours, 251-255. 

1 Bryce, “ American Commonwealth,” I, 390. 


110 


THE NATIONAL GOVERNMENT. 


15. The New American Navy, Outlook, 73 : 323-337. 

16. Comparison of the strength of our navy with that of other nations, 

Rev. of R’s, 25 : 561-570. 

17. What special problem was connected with the location of the 

capital? How was it finally settled? Hart, Contemporaries, 
III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; 
World’s Work, i: 191-195. 

18. The development of Washington during the past one hundred 

years is discussed in Rev. of R’s, 22: 675-686 ; Forum, 30:545- 
554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 
724-756 ; Cosmop., 30: 109-120. 

19. Proposed Improvements in Washington, Cent. Mag., 63:621- 

628, 747-759* 

20. For the influence of the doctrine of implied powers, see : — 

{a) Internal Improvements, Hart, Contemporaries, III, 436-440; 
Walker, The Making of the Nation, 204, 205, 262, 363 ; 
Hart, Formation of the Union, 227-229, 353-355. 

{b) The United States Bank, Hart, Contemporaries, III, 446- 
450; Hart, Formation of the Union, 150-151, 226-227 5 
Walker, The Making of the Nation, 82-83. 

{c) The annexation of territory. Hart, Contemporaries, III, 373- 
376 ; Walker, The Making of the Nation, 177-184 ; Hart, 
The Formation of the Union, 188. 

{d) Legal tender cases, Wilson, Division and Reunion, 280-281. 


CHAPTER XII. 


POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES. 

While restrictions on Congressional powers are found 
elsewhere in the Constitution, Section 9 of Article I seems 
to have been framed especially for this purpose.^ 

Writ of Habeas Corpus. — Clause 2 provides : The privi- 
lege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion, the public 
safety may require it. 

A writ of habeas corpus is a writ granted by a court, 
commanding an officer to produce before it a prisoner, in 
order that the court may inquire into the cause of his 
imprisonment or detention. If, after such inquiry, it is 
found that the person is detained for insufficient cause, he 
is granted his freedom. 

President Lincoln and the Writ of Habeas Corpus. — President 
Lincoln, as a military necessity, in 1861, suspended the privilege of the 
writ over a limited area, constituting a large part of the State of Mary¬ 
land. The Supreme Court, however, declared his order non-eifective, 
maintaining that the right of suspending the writ of habeas corpus lay 
with Congress, though it might be granted to the President. This 
attempt on the part of the Supreme Court to restrain Mr. Lincoln was 
a failure, and shows that even the highest of our tribunals may not have 

1 Clause I of this Article formed an important part of the third great com¬ 
promise which was discussed on p. 43. 


Ill 


THE NATIONAL GOVERNMENT. 


112 

its usual power in time of war. It was not until March 3, 1863, that 
Congress made the decree of President Lincoln legal by authorizing him 
to suspend the writ whenever he believed the public safety demanded 
it. In September of that year he declared the suspension general 
throughout the country. 

Ex Post Facto Laws. — Clause 3. No bill of attainder 
or ex post facto laws shall be passed. 

An ex post facto law, as defined by the Supreme Court, 
is a “ law which renders an act punishable in a manner 
in which it was not punishable when it was committed.” 
It applies to acts of a criminal nature only.^ 

Care of Public Money. — Clause 7. No money shall be 
drawn from the treasury^ but in consequence of appropria¬ 
tions made by law ; and a regular statement and account of 
the receipts and expenditures of all public mojiey shall be 
published from time to time. 

It is proper in a government such as ours that the 
control of the public money should be lodged with the 
representatives of the people. Through the annual report 
of the Secretary of the Treasury, the people may know 
from what sources our revenues are derived and for what 
purposes the money is expended. 

Titles of Nobility and Gifts. — Clause 8. No title of 
nobility shall be granted by the United States; arid no 
person holdmg any office of profit or trust under them shall, 
zuithout the consent of the Congress, accept of a^ty present, 
emolument, office, or title of any kind whatever from a7iy 
king, prince, or foreign state. 

According to the wording of the clause. Congress may 

1 Clause 4 is discussed under National Finances, p. 87. 


POWERS DENIED THE STATES. 


II3 

allow gifts, of the kind mentioned, to be accepted by our 
National officials. Usually, however, such gifts pass into 
the keeping of government. 

Powers denied the States. — We recall the power of the 
States and weakness of the general government under the 
Articles of Confederation. It was plain to the members 
of the Constitutional Convention that hopeless confusion 
would arise if the States should also be given the right 
to coin money, pass ex post facto laws, etc. Therefore, 
certain prohibitions were made on the powers of the States. 
In Section 10, Clause i, we note that these prohibitions are 
absolute, as: — 

No State shall enter into any treaty^ alliance or confed¬ 
eration ; grant letters of marqne and reprisal^ coin money^ 
emit bills of credit; rnake anything but gold and silver com 
a tender in paymerit of debts ; pass any bill of attainder^ 
ex post facto law, or law impairing the obligation of con- 
tracts, or grant any title of nobility} 

In Section 10, Clauses 2 and 3, the prohibitions are only 
conditional; thus : — 

No State shall, withont the consent of the Congress, lay 
any impost or duties on imports or exports except what 
may be absoliUely necessary for executing its inspection 
laws; and the net produce of all duties a7id imposts laid by 
any State on imports or exports, shall be for the use of the 
treasury of the United States; and all such laivs shall be 
subject to the revision and control of the Congress. 

1 In the celebrated Dartmouth College case, it was finally determined that a 
State legislature may not modify the terms of a contract. See Life of John 
Marshall, by Magruder, “American Statesmen,” new ed., 188-190. 


THE NATIONAL GOVERNMENT. 


114 

No State s/ially without the consent of Congress^ lay any 
duty of tonnage^ keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
State or tvith a foreign power, or engage in war, unless 
actually invaded or in such hnminent danger as will not 
admit of delay. 

More Complete Protection of Personal Rights. — By a 

careful reading of Sections 9 and 10, it is seen that some 
of the rights of the individual are guarded against encroach¬ 
ment on the part of government, either National or State. 
But the people felt that there were other personal rights 
which needed protection. They were familiar with the 
Bills of Rights in their own State constitutions. That 
the National Constitution did not also contain a Bill of 
Rights was, as we have seen, one of the chief arguments 
made against its adoption in the State conventions.^ 

The First Ten Amendments. — A large number of prop¬ 
ositions, therefore, were submitted to the first Congress 
by the States. Seventeen of these were selected by the 
House of Representatives, and proposed as amendments 
to the Constitution. Twelve of these were acceptable to 
the Senate also, and ten were ratified by the required three- 
fourths of the State Legislatures. We call them the first 
ten amendments to the Constitution. If we read these 
amendments, we shall find that really they are a Bill of 
Rights, for the preservation or protection of rights of the 
people is expressed in all.^ 


1 See p. 45. 


2 See Appendix A. 


CHAPTER XIII. 


THE EXECUTIVE DEPARTMENT. 

The President and his Election. — We have seen that 
the one great weakness of the government under the Con¬ 
federation was that there existed no adequate executive. 
After much discussion in the Convention, the fear of a 
despot at the head of affairs gave place to the desire to 
secure executive energy and responsibility. To-day, the 
President is the most notable personage among all our 
officials. Mr. Bryce calls the Presidential office the great¬ 
est office in the world unless we except the papacy. In 
the Executive Department, the President’s power is prac¬ 
tically absolute. He may appoint and remove, either 
directly or indirectly, all officials of the department, and 
they are finally responsible to him in the performance of 
their duties. His control of international relations and 
his influence on legislation are, as we shall see, extensive. 

Length of Term.— Article 11 , Section i. Clause i. The 
executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President, chosen 
for the same term, be elected as follows: — 

Method of Election. — How shall the President be 
chosen.? This problem is said to have taken one-seventh 

115 


THE NATIONAL GOVERNMENT. 


116 

of the entire time of the Convention. While there were 
those who believed that election by the people would be 
wise, still this sentiment was not general. It was thought 
that a choice in this way would cause great “ tumult and 
disorder.” Besides, it was urged that the people would 
not be sufficiently acquainted with the men who have the 
necessary qualifications for such high office. For a special 
investigation of this sort, they agreed that it would be best 
to select a small number of persons who would be most 
likely to possess the required information and discernment. 
The appointment of these independent electors was pro¬ 
vided for as follows : — 

Appointment of Electors. — Section i. Clause 2. Each 
State shall appoint, in snch ma7iner as the legislature thereof 
may direct, a Jinmber of electors equal to the whole number 
of senators and 7'epresentatives to which the State may be 
e7ititled m the Co7igress; but 7io se7iator or representative 
or perso7t holdhig a7i office of trust or profit tinder the U 7 iited 
States, shall be appointed a7i elector. 

Article II, Section i. Clause 3. The Co7igress tfiay 
deter77ime the tmie of choosmg the electors, and the day 071 
which they shall give their votes, which day shall be the 
sa77ie tlu'oughout the United States. 

At present, the appointment of electors is a necessary 
but a comparatively unimportant step in the election of a 
President. 

The real power exists in the National conventions of the 
great political parties. Instead of exercising the right of 
free choice, as they were originally expected to do, the 
electors are really bound to vote for candidates nominated 


THE EXECUTIVE DEPARTMENT. 


II7 

in these conventions. Let us consider, then, some of 
the chief points in the history and practical working of 
National conventions. 

Early Methods of Nominating. — Like the development of other 
political usages, the method of nominating a President passed through 
several stages before the present plan of nominating conventions was 
reached. No nominations were made in the first two Presidential elec¬ 
tions. In 1796, Washington having refused to be a candidate for a 
third term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Republican 
parties respectively. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican Congress¬ 
men nominated Jefferson and Burr, for the offices of President and 
Vice-President. The Republican members of Congress continued to 
hold a regular caucus and thus to direct the votes of the party electors 
until 1824. In that year William H. Crawford, the last Congressional 
nominee, was defeated. There was opposition to the Congressional 
caucus from the beginning, for such a method was regarded as undemo¬ 
cratic. In 1824 and 1828 the several State Legislatures put forward 
their favorites for the office of President. 

Development of National Conventions.—As early as 1812, De Witt 
Clinton was nominated as the candidate of the Federalists in a conven¬ 
tion held in New York City, made up of seventy delegates, who repre¬ 
sented eleven States. But the National nominating convention, as we 
know it, was used for the first time by the Anti-Masonic party, which 
selected William Wirt for its candidate in 1831. This method was 
followed in the same year by the National Republican party, which 
nominated Henry Clay. The National convention of the Democratic 
party in 1832 nominated Andrew Jackson, who had already been nomi¬ 
nated by many local conventions and State Legislatures. Many years 
elapsed before the present complex organization was reached, but since 
1836, with the single exception of the Whig party in that year, parties 
have regarded the National convention as an essential factor in electing 
President and Vice-President. 

Election of Delegates to the National Conventions. — The 
National conventions of the Republican and the Demo- 


Il8 THE NATIONAL GOVERNMENT. 

cratic parties are made up of twice as many delegates from 
the different States as these States have representatives 
and senators in Congress. Delegates are chosen by con¬ 
ventions in the various States in April or May of the Presi¬ 
dential election year. According to the usual method, two 
delegates are selected for each of the Congressional dis¬ 
tricts by the district conventions of each party, and four 
delegates at large are chosen by the State conventions. 
In some States, all the delegates of a party are selected in 
the State convention. The Republican National conven¬ 
tion also admits to full membership two delegates from 
each Territory and one from the District of Columbia. 

The National convention is held in some leading city 
during the month of June or July of the year in which a 
President is to be elected. A few days before the time 
set for the convention, the delegates, together with many 
thousands of politicians and sight-seers, flock to that city. 
Headquarters are established and delegates are inter¬ 
viewed on behalf of the different candidates. On the day 
appointed, the convention is called to order by the chair¬ 
man of the National committee, under whose auspices the 
convention is to be held. A temporary chairman is elected, 
and clerks and secretaries are appointed. Committees are 
also appointed, the most important being those on creden¬ 
tials and on resolutions. Each State delegation selects one 
of its members for eadi of the committees. In the next 
session, a permanent chairman is usually selected, and the 
committee on resolutions presents its report, which sets 
forth the platform embodying party doctrines and prin¬ 
ciples. Nominations are then in order. The roll of 
States is called, and the various delegations place before 


THE EXECUTIVE DEPARTMENT. 


I19 

the convention the favorite of their State. A State often 
waives its privilege in behalf of some other State which 
has a candidate to present. Again the clerk calls the roll 
of the States, and each chairman of a delegation announces 
the votes from his State. In the Republican convention, 
a majority of the number of delegates voting is sufficient 
to nominate; but no nomination is possible in the Demo¬ 
cratic convention except by a vote of two-thirds of the 
delegates. Then follows the selection of a candidate for 
Vice-President. In this choice, the attempt is made to 
secure some man who will add strength to the party, and 
who comes from a different section of the country from 
that represented by the candidate for the Presidency. He 
may, as in the cases of Tyler and Johnson, represent a 
faction of the party that is not in entire agreement with 
the majority. 

The National Committee. — A National committee is also appointed, 
made up of one member from each State, who is nominated by the 
State delegation. The wishes of the Presidential candidate are of in¬ 
fluence in the choice of the chairman, who need not be a member of the 
convention. The committee occupies a position of great importance, 
for by it the platform of the party is largely determined. We have 
here a body of men not mentioned by the Constitution, but exerting 
vastly greater influence upon the election of President than does the 
electoral college itself. It organizes the campaign, secures money, 
selects speakers, and sends out party literature. The committee looks 
after the interests of the party during the ensuing four years and issues 
the call for the next National convention. 

Election of Electors. — We are now ready to consider 
the place of the electors in the choice of a President. The 
nominations of candidates for the office of elector are 
usually made at the State conventions of the different par- 


120 


THE NATIONAL GOVERNMENT. 


ties when State tickets are nominated. These occur, ordi¬ 
narily, in August or September preceding the November 
election. Each political party nominates as many electors 
as the State has senators and representatives in Congress. 
The names of the electors are then placed on the general 
party ticket, on which appear also the names of the candi¬ 
dates for President and Vice-President; each person then 
votes for the entire number of electors to which his State 
is entitled, and will naturally vote for all the electors 
on his party ticket. The political party, therefore, which 
receives the majority of votes in a State secures all the 
electoral votes of that State.^ 

Vacancies in the Offices of Electors.—Congress enacted in 1845 
that each State might provide, by law, for the filling of vacancies in the 
electoral college, and that if any State failed to choose electors on the 
regular day, that they might be appointed on a later day in such manner 
as the State might, by law, direct. Nearly all of the State legislatures 
have conferred on the college itself the power of filling vacancies. 

Function of Electors. — The steps prescribed by the 
Constitution must still be followed, although we know, 
long before the electors cast their votes, who the next Presi¬ 
dent will be. The actual function of the electors is given 
in Amendment XII, as follows : — 

The electors shall meet in their respective States and vote 
by ballot for President and Vice-Preside7it, one of zvhom, at 

^ It has sometimes happened, however, when the election in a State has 
been close, that one or more of the electors on a minority ticket have run 
ahead of the other candidates on that ticket, and have secured a larger num¬ 
ber of votes than candidates on the majority ticket, thus obtaining an election. 
California, in 1892, gave one electoral vote to Mr. Harrison and eight to 
Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one 
to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and 
one for Mr. Bryan. ^ 



THE EXECUTIVE DEPARTMENT. 


I2I 


leasts shall not be an inhabitant of the same State with 
themselves ; they shall na^ne in their ballots the person voted 
for as President^ and m distinct ballots the person voted for 
as Vice-President; and they shall make distinct lists of all 
persons voted for as President^ and of all persons voted for 
as Vice-Presidenty and of the number of votes for eachy which 
lists they shall sigtiy and certifyy and transmit, sealed, to the 
seat of government of the United States, directed to the 
Preside7it of the Senate ; — the President of the Seriate 
shall, in the presefice of the Senate and House of Represen¬ 
tatives, open all the certificates, and the votes shall then be 
coimted; — the person having the greatest number of votes 
for President shall be the President, if such mimber be a 
majority of the whole number of electors appomted; aiid if 
no person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall 
choose immediatelyy by ballot, the P7'esident. But m choosing 
the P^'esident, the votes shall be taken by States, the repre¬ 
sentation from each. State having one vote; a quortan for 
this purpose shall consist of a member or members from two 
thirds of the States, ajid a majority of the States shall be 
7 iecessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right to choose 
shall devolve upon them, before the fourth day of March next 
following, then the Vice-Preside7it shall act as President, as 
in the case of the death or other constitutional disability of 
the President. — The person having the greatest 7tumber of 
votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole riumber of Electors ap¬ 
pomted; and if no person have a majority, then, from the 


122 


THE NATIONAL GOVERNMENT. 


two highest numbers on the list, the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole number of senators, and a majority 
of the whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United 
States. 

Voting of the Electors. —The formal election of Presi¬ 
dent takes place on the second Monday in January, when 
the electors meet at their various State capitals and cast 
their votes. Separate ballots are given for Vice-President. 
Three separate sealed lists of the results are then prepared. 
Two of these are sent to the President of the Senate, one by 
mail and the other by special messenger. The third is de¬ 
posited with the United States District Judge of the district 
in which the electors meet. On the second Wednesday in 
February the votes are opened by the President of the 
Senate, in the presence of the Senate and the House of 
Representatives, and counted. That person having a ma¬ 
jority of the electoral votes cast for President is declared 
to be duly elected. The one who has a majority of the 
electoral votes cast for Vice-President is also elected to 
that office. 

Election of President by the House of Representatives. — In case no 
Presidential candidate receives a majority of the electoral votes, the 
election goes to the House of Representatives, as is provided in the 
amendment we are considering. Here the three candidates having 
the highest number of votes are alone considered. The voting is by 
States. In 1825 John Quincy Adams was elected President in this 
way. He had fewer popular and fewer electoral votes than Andrew 
Jackson, but he received the votes of thirteen out of twenty-four States 
in the House. 


THE EXECUTIVE DEPARTMENT. 


123 


Choice of Vice-President by the Senate. — The Senate is called on 
to select the Vice-President in case no candidate has received a major¬ 
ity of the electoral votes. The two candidates having the highest num¬ 
ber of votes are considered. The only instance of the election of a 
Vice-President in this way occurred in 1837. 

Disputed Returns, Election of 1876. — Disputes have arisen, from 
time to time, over some of the returns of the electoral votes. The most 
notable contest was that over the returns from Florida, Louisiana, 
South Carolina, and Oregon, in 1877. If the twenty-one electoral 
votes from these States should be counted for the Republican candidates, 
they would be elected. Should just one of those votes be given to the 
Democratic nominees, the Republicans would lose the election. Now 
the Senate at this time was Republican, and the House Democratic, 
and therefore no satisfactory adjustment could be reached, because of 
party prejudices. The excitement throughout the country was finally 
relieved by the agreement on the part of both houses to refer the 
decision to an ‘‘ Electoral Commission.” 

This Commission consisted of five Judges of the Supreme Court, five 
Representatives, and five Senators. After examining the returns, the 
commission decided, March 2, 1877, by a vote of eight to seven, that 
Hayes and Wheeler, the Republican candidates, had received the 
twenty-one votes in dispute, thus giving them one hundred and eighty- 
five electoral votes, and that Tilden and Hendricks, the Democratic 
candidates, had received one hundred and eighty-four electoral votes. 

In consequence of the grave problem which arose in 1877, Congress 
passed an act February 3, 1887, which provides that any contest in the 
choice of electors in a State must be decided by the State authorities 
under the laws of the State. 

The Original Method of choosing the President. — Because Presi¬ 
dents Washington, Adams, and Jefferson for his first term, were chosen 
by the plan given in the original clause, let us notice, briefly, the method 
used at that time, and especially the reasons for the change to the 
present plan. 

Section i. Clause 2. The Electors shall 7 neet in their respective States, 
and vote by ballot for two persons, one of whom, at least, shall not be an 
inhabitatit of the sa77ie State with themselves. And they shall 77 iake a list 
of all the perso 7 is voted for, a 7 id of the 7 m 77 iber of votes for each ; which 
list they sig 7 t a 7 id certify.^ ajid tra 7 is 77 iit, sealed, to the seat of the gover 7 t- 


124 


THE NATIONAL GOVERNMENT. 


ment of the U 7 iited States^ directed to the President of the Senate. The 
President of the Senate shall., in the presence of the Senate and Honse 
of Represe 7 itatives, open all the certificates, a 7 id the votes shall the 7 i be 
coimted. The perso 7 i then havmg the greatest nu 7 nber of votes shall be 
Preside7it, if such 7 iii 77 tber be a 7 )iajority of the whole 7 iu 77 iber of 
Electors appomted; a 7 id if there be 77 iore tha 7 i 07 ie who have such a 
7)iajority, a 7 id have a 7 i equal 7 iU 77 iber of votes, the 7 t the House of Rep¬ 
resentatives shall i 77 i 7 nediately choose, by ballot, 07 ie of the 77 t for Presi¬ 
dent ; and if 7W perso 7 i have a 77 iajority, tlmi, fro 7 }i the five highest on 
the list, the said House shall, m like 7 na 7 i 7 ier, choose the Preside 7 it. But 
m choosmg the Preside 7 it, the votes shall be take 7 i by States, the repre- 
se 7 itatio 7 i fro 77 i each State having one vote ; a quoru 77 i for this purpose 
shall co 7 isist of a 7 }ie 77 iber or 77 ie 77 ibers fro 77 i two-thirds of the States, a 7 id 
a 7 najority of all the States be 7 iecessary to a choice, hi every case, 
after the choice of the Preside 7 it, the person havmg the greatest 7 iu 7 }iber 
of votes of the Electors shall be the Vice-Presideiit. But if there should 
re 7 nai 7 i two or 77 iore who have equal votes, the Senate shall choose fro 77 i 
thein, by ballot, the Vice-Preside 7 it. 

According to this clause, we note that the electors voted for two 
persons without stating which was to be President and which Vice- 
President. In the official count, the candidate receiving the highest 
number of votes, provided it was a majority of the whole number of 
the electoral votes, became President, and the one receiving the next 
highest became Vice-President. 

Election of 1796. — In the election of 1796, John Adams, who 
received the highest number, seventy-one, out of one hundred and 
thirty-two electoral votes, was elected President. Thomas Jefferson, 
his opponent, became Vice-President, having received sixty-eight votes, 
or the next highest number. Thus there were elected a President of 
one party and a Vice-President of the opposing party. 

Election of 1800. — The election of 1800 also showed the plan to be 
impracticable. At this time, the Democratic-Republican party was 
determined to have Mr. Jefferson for President and Aaron Burr for 
Vice-President. They both received seventy-three votes, a majority of 
all the votes. But since the number was equal, it devolved upon the 
House of Representatives to determine whether Jefferson or Burr should 
be President. For seven days the house was in continuous session, 
and civil war threatened. On the thirty-sixth ballot, however, Jefferson 
received the votes of ten States out of sixteen, and was, elected. 




THE EXECUTIVE DEPARTMENT. 


125 


In order to prevent a recurrence of the conditions which obtained in 
1796, or of the dangers incident to a contest like that of 1800, the 
twelfth Amendment was proposed by Congress, and, after ratification, 
was declared in forcfe September 25, 1804. This provides, as we have 
seen, that the electoral votes must be cast separately for President and 
Vice-President. 

The Presidential Term. — Shall the President hold office for a term 
of three years, of seven years, or during good behavior ? These were 
questions of great interest in the Constitutional Convention. A term of 
seven years with no reelection was agreed upon, but toward the end of 
the Convention the clause as given was adopted. 

Reelection of a President. — The Constitution does not limit the 
number of terms for which a President may be chosen, but the “ third 
term tradition ” has now made it practically impossible for the same 
man to be elected for more than two terms. This custom was inaugu¬ 
rated by the refusal of President Washington to accept a third term. 
President Jefferson was also urged to stand for a third term, but he, too, 
preferred to retire to private life as Washington had done. The 
adherents of General Grant strove to break down this precedent in 1880, 
but their defeat seems to have established the tradition more firmly as 
a rule. 

A Longer Term. — It is frequently urged that the Constitution should 
be amended in such a manner as to provide for a term of six 
or seven years for the President, with no reelection. Among the 
reasons for this change are the following: (i) a new President has 
most of his time, for months, at the beginning of his term, consumed 
in hearing the claims of applicants for office, and in making appoint¬ 
ments ; (2) there is danger that he may be influenced in his official 
actions through desire to secure a second term; (3) the commercial 
depression that usually exists during a campaign would thus come less 
frequently. These arguments may be used in opposition to such a 
change : (i) of inefficient President, the short term is to 

be preferred; (2) the Presidential campaign is of value, in that the 
attention of Americans generally is for a time fixed on the problems 
connected with the conduct of our government. It furnishes the op¬ 
portunity for imparting to our citizens many lessons in their political 
education. 


126 


THE NATIONAL GOVERNMENT. 


Qualifications for President and Vice-President. — The 
qualifications for President and Vice-President are natu¬ 
rally the same, and are as follows: — 

Section i, Clause 4. No perso 7 i^ except a natural-born citi¬ 
zen, or a citizen of the Ufiited States at the time of the 
adoption of this Constitution, shall be eligible to the ofpce of 
P^'esident; neither shall any perso 7 i be eligible to that office 
who shall 7 iot have attained to the age of thirty-five years, 
and been foiLrteen yeai's a reside 7 it withm the U 7 iited States. 

Vacancies. — The chief reason for creating the office of 
Vice-President seems to have been to provide for the 
emergency of a vacancy in the Presidency. 

Section i, Clause 5. hi case of the re 77 ioval of the P 7 'esi- 
dent from office or of his death, resig 7 iatio 7 i, or inability to 
discha 7 ge the powers a 7 id duties of the said office, the sa 77 te 
shall devolve 07 i the Vice-Preside 7 it, a 7 id the Cong 7 'ess i 7 iay, 
by law, pi'ovide for the case of re 77 ioval, death, 7 'esignatio 7 i, 
or mability both of the Preside 7 it a 7 id Vice-P 7 ^esident, de- 
clarmg what officer shall then act as P 7 'eside 7 it, a 7 id such 
officer shall act accordingly, until the disability be removed, 
or a Preside 7 it shall be elected. 

Presidential Succession.—In 1886, Congress provided 
that in case of the death, resignation, or disability^ of both 
President and Vice-President, the succession should be in 
the following order: Secretary of State, Secretary of the 

1 What constitutes disability has not been settled. President Garfield per¬ 
formed only the single executive act of signing an extradition paper, from 
July 2 to September 19, 1881. The fact of his inability to discharge the 
duties of President was not formally established. Nor was there declared 
disability in the case of President McKinley, between September 6 and the 
day of his death, September 14, 1901. 


THE EXECUTIVE DEPARTMENT. 


27 


Treasury, Secretary of War, Attorney-General, Postmaster- 
General, Secretary of the Navy, Secretary of the Interior. 
The Secretary of Agriculture was added in 1889. 

Should a cabinet officer become President, through this 
succession, he would hold the office for the unexpired 
term. 

Salary of the President.—Section i, Clause 6. The Presi¬ 
dent shall^ at stated times^ receive for his services a compen- 
sation, which shall neither be increased nor dimmished 
during the period for which he may have been elected, and 
he shall not receive within that period any other emohi- 
ment from the United States or any of them. 

In 1873 the salary of the President was changed from 
^25,000 to JO, 000 a year. The custom has been estab¬ 
lished that no President shall receive a gift from any 
civil body, such as a city council, a State Legislature, or a 
foreign state. In addition to his salary, the President is 
provided with an “executive mansion,” the “White House,” 
which is furnished at the expense of the government. The 
Vice-President receives ;^8ooo annually. 

Salaries of Foreign Rulers. — The salary paid our President is 
small when we compare it with the grants made to European rulers. 
In 1901 the English government voted some $4,000,000 for the annual 
use of the royal household. The Czar of Russia receives $6,500,000 
annually, in addition to revenues derived from 1,000,000 square miles 
of crown domains. The President of France receives $231,600 annually. 

Inauguration Day. — One of the most notable of our 
civic festivals occurs on the fourth of March ^ after the 

1 It is frequently urged, with good reason, that this date should be changed 
to a time of year when the weather in Washington would be more favorable. 
An amendment, recently sanctioned by the Senate, provides that the date for 


28 


THE NATIONAL GOVERNMENT. 


Presidential election. Then, thousands of people go to 
Washington to witness the inaugural exercises, by which 
the President and Vice-President are formally invested with 
their offices. The Constitution provides that the President 
shall take the following oath of office before entering on 
his duties: — 

Section i. Clause 7. I do solemnly swear {or affirm) that 
I will faithfully execute the office of Preside^it of the United 
States, and ivill to the best of 7 ny ability preserve, protect, 
and defend the Constitution of the United States. 

It has been established, by custom, that the oath shall be 
administered by the Chief Justice of the United States, at 
the east front of the Capitol. After taking the oath, the 
President gives his inaugural address, which outlines the 
policy he purposes to carry out. Immediately after his 
inauguration, unless it be his second term, he calls the 
Senate together, and places before it his nominations for 
members of the cabinet, and for such other important 
offices as he may desire to make. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which of the Presidents have served two terms? How was their 

election for a second term to be accounted for ? 

2. The method of calling national political conventions. When 

held ? Questions considered. Make a study of the last con¬ 
vention. Cosmop., 29: 194-200: Scribner’s Mag., 27: 643-656. 

3. Under what conditions was the first platform of a national conven¬ 

tion agreed upon ? Wilson, Division and Reunion, 63. 

4. For the work of the national committee, see Rev. of R’s, 22: 

549-556; 556-563- 

the inauguration shall be the last Thursday of April. The chief objection to 
this change seems to be the further extension of time between the election 
and the assuming of duties. 


THE EXECUTIVE DEPARTMENT. 


129 


5. The power of the chairman of the National committee is discussed 

in Atl. Mo., 89: 76-81. 

6. What was the probable origin of the system of electing the Presi¬ 

dent by electors ? Harrison, This Country of Ours, 78; Fiske, 
Critical Period of American History, 66, 280-289. 

7. For the methods which have been used in electing a President, 

see N. Am. Rev., 171: 273-280, 

8. Should the President be elected by direct popular vote ? N. Am. 

Rev., 171 : 273-280; 281-288; Scribner’s Mag., 27: 643-656. 

9. For some of the problems connected with the electoral colleges in 

the history of elections, see Rev. of R’s, 23 : 66-69. 

10. What is the method used in counting the electoral votes? Edmund 

Alton, Among the Lawmakers, 88-89. 

11. Do you agree with Mr. Bryce that the tendency is to select for 

President men who have not been prominent ? Bryce, Ameri¬ 
can Commonwealth, I, chap. 8. 

12. Was the present President notable before his election ? In what 

ways ? 

13. What were the chief causes for the success of his party ? 

14. How many electoral votes were required for election ? He received 

how many ? Did he receive a majority of the popular votes ? 
Election of 1900, Rev- of R’s, 22 : 673-674 ; 655-658. 

15. How many electors were there from your State ? For whom did 

they vote ? How is this majority in your State to be accounted 
for ? Rev. of R’s, 22: 673-674, 655-658, 664. 

16. Would successful governors make good candidates for President? 

In what particulars do the offices resemble each other ? Would 
you favor making the governor of your State President ? Wil¬ 
son, Congressional Government, 253, 254. 

17. Why was the election of John Quincy Adams of especial interest ? 

What results followed ? Burgess, The Middle Period, 140- 
141 ; Wilson, Division and Reunion, 18. 

18. State the chief points connected with the “disputed election” of 

1876. Wilson, Division and Reunion, 283-286 ; Johnston, Ameri¬ 
can Politics, 233-237 ; Cent. Mag., 62: 923-934. 

19. Give the names of the Presidents who have died in office. B> 

whom were they succeeded ? 

20. What was the order of succession to the Presidency before 1886 ? 

K 


130 


THE NATIONAL GOVERNMENT. 


Why was the change made? James and Sanford, Government 
in State and Nation, 266. 

21. What is a “minority” President? Government in State and 

Nation, 264. 

22. An interesting account of the White House, Outlook, 70; 287- 

299. 

23. Inauguration events of 1901, Rev. of R’s, 23 : 405, 406 ; Out¬ 

look, 67: 555, 556. 

24. Incidents of Presidential inaugurations. World’s Work, i: 477- 

479 - 

25. For other questions and references on the chapter, see Govern¬ 

ment in State and Nation, 255-257, 269, 270. 


CHAPTER XIV. 


POWERS AND DUTIES OF THE PRESIDENT. 

Military Powers of the President. — An eminent histo¬ 
rian/ writing recently of the power exercised by President 
Lincoln in time of war, said, “ It is an interesting fact, 
that the ruler of a republic which sprang from a resistance 
to the English king and Parliament should exercise more 
arbitrary power than any Englishman since Oliver Crom¬ 
well, and that many of his acts should be worthy of a 
Tudor.” 

President Lincoln, it is true, exercised powers which, 
if attempted by a weaker man, or at another time, might 
have proved dangerous to the liberties of the people.^ This 
he did through his interpretation of Clause i. Section 2. 

The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States; he 7 nay require the opmion, in ivritmg, of 
the principal officer in each of the executive departme^tts, 
upon any subject relating to the duties of their respective 
offices, a 7 id he shall have power to gra^it reprieves and par¬ 
dons for offences against the United States, except in cases 
of impeachment. 

1 James Ford Rhodes, Scribner^s Magazine, February, 1903. 

2 For the suspension of the privilege of the writ of habeas corpus, see p. iii. 

131 


132 


THE NATIONAL GOVERNMENT. 


Reprieves and Pardons. — The ordinary powers of the 
President are also important.^ One of the greatest is the 
power to grant reprieves and pardons. A reprieve is the 
temporary suspension of the execution of a sentence. By 
means of a reprieve, the President may gain time to look 
into the evidence more carefully. Complete release 
from a sentence is secured by a pardon.^ 

Treaty-making Power. — Section 2, Clause 2. He shall 
have power^ by and with the advice and consent of the 
Senate^ to make treaties^ provided two-thirds of the senators 
present concur. 

While the power to conclude treaties seems to be without 
restriction, it is implied that no treaty shall in any way 
interfere with the authority of the Constitution. The 
usual steps in the negotiation of treaties are as follows: 
(i) In time of peace they are conducted at the capital 
of the nation that begins the negotiation. If this is in 
Washington, the terms are considered by the Secretary of 
State and the minister of the other nation; if in a foreign 
capital, our minister acts under instructions sent him by 
the Secretary of State. At times, one or more special 
ministers are sent abroad for the purpose of negotiating a 
treaty. (2) In time of war, the minister of the nation with 
which we are at war leaves the United States. The 
interests of his nation are then intrusted to the minister of 
some neutral power, and through this minister negotiations 

1 For the power of the President over legislation by means of the veto, 
see pp. 80-81. 

2 President Harrison was called upon to consider 779 requests for pardon. 
Of these, 527 were granted, wholly or partially. President Cleveland acted 
on 907 such cases, and granted 506, in whole or in part. 


POWERS AND DUTIES OF THE PRESIDENT. 133 

for peace are usually begun. (3) The treaty of peace at 
the close of a war is generally negotiated in some neutral 
country by special commissioners appointed by the nations 
at war. 

In all cases, the President exercises general control 
over the negotiation and framing of treaties. After an 
agreement has been reached, the treaty is sent to the 
Senate. It is discussed in executive or secret session. 
This means that the treaty and all matters pertaining to it 
are kept secret until, by a resolution, the Senate allows the 
discussion to be made public. The Senate may approve, re¬ 
ject, or modify the terms. If amendments are made, they 
must be agreed to by the President and by the other nation 
interested. When a treaty has been finally approved by the 
officials of both countries, duplicate copies of it are made 
on parchment. Both of these copies are signed by the 
chief officers of each country, and the copies are then 
exchanged. This is called the “exchange of ratification.” 
An official copy of the treaty is thus secured by each 
nation. The President then publishes the treaty accom¬ 
panied by a proclamation, in which it is declared to be a 
part of the law of the land. 

If the terms of a treaty call for the payment of money by the 
United States, the necessary amount can be appropriated only by an 
Act of Congress. The House of Representatives may refuse to give its 
sanction to such an appropriation, and may thus prevent the treaty 
going into effect. 

Power of Appointment. —When it is considered that the 
President has the nominal power of appointing over 200,000 
persons to office, we can readily see that this comprises 
one of his chief powers. His right to select office-holders 


134 


THE NATIONAL GOVERNMENT. 


is granted in Section 2, Clause 2. He shall nominate^ 
and by and with the advice and consent of the Senate^ 
shall appoint Ambassadors, other pnbhc ministers and 
Consuls, Judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by 
laiv; but the Congress may by law vest the appointment of 
such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

Vacancies. — Section 2, Clause 3. The President shall 
have power to fill up all vaeancies that may happen 
during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Presidential Appointments. — It would be quite impos¬ 
sible for the President, personally, to oversee all of these 
appointments, and so a large percentage of them is made 
by officials in the different departments. There are, 
besides the ambassadors, consuls, and judges of the 
Supreme Court, some 7000 so-called Presidential officers, 
whose appointments must receive the sanction of the 
Senate. More than one-haif of these are postmasters of 
the first class.^ Among the most important of these 
officers are the Cabinet, interstate commerce commis¬ 
sioners, district attorneys, and all military and naval 
officers whose appointment is not otherwise ordered by 
law. 

Official Patronage. — In making his appointments, the President is 
largely dependent upon the advice of the head of that department un¬ 
der whose direction the officer will come, or upon the recommendation 
of the representatives and senators of his party from the State in which 

1 Those who receive an annual salary of^iooo and above. 


POWERS AND DUTIES OF THE PRESIDENT. 


35 


the office is located. This official patronage, through which political 
assistants in a State may be rewarded with a Federal office, has become 
so burdensome that many Congressmen complain of it and desire to be 
freed from its exactions. 

Senatorial Courtesy. — There has grown up an almost invariable 
custom, known as senatorial courtesy. This demands that if the office 
to be filled is located in a State, the appointment be not confirmed un¬ 
less it receives the sanction of one or both of the senators of the State 
concerned, provided they are members of the same political party as 
the President. 

Action of the Senate on Nominations. — All of the nominations sent 
by the President to the Senate are submitted to appropriate commit¬ 
tees, as, postmasters to the Post Office Committee, ambassadors to the 
Committee on Foreign Affairs. The report of the committee is con¬ 
sidered in secret session, and the nomination is then voted on. If the 
vote is adverse, the President must make another nomination. 

The Spoils System. — During the first forty years of our 
government there were only seventy-four removals from 
office. The opinion was general that there were a large 
number of strictly non-political offices in the departments 
and elsewhere, the holders of which should be regarded as 
agents or clerks whose duty it was to assist in carrying 
on the business of government. Therefore the best results 
could be secured, it was believed, only as these positions 
should be filled by persons the most competent, who might 
hope to retain the office so long as they gave efficient ser¬ 
vice. But with the coming in of President Jackson the 
“spoils system” was introduced. This system, in prac¬ 
tice, provides that political workers belonging to a victorious 
party may, as far as possible, receive reward for their ser¬ 
vices in the shape of some office. “To the victors belong 
the spoils of the enemy ” is the familiar motto of those 
who have advocated this system. During the first year of 


THE NATIONAL GOVERNMENT. 


136 

President Jackson’s administration 2000 officials were de¬ 
prived of their offices, and friends of the administration 
were put in their positions. From that time there has 
been great pressure on every new President similarly to 
reward his followers. 

Civil Service Reform. — While the evils had been pointed 
out at various times, little was done to remedy the spoils 
system until Congress, in 1883, passed the Civil Service 
Law, known as the Pendleton Bill. It provides for a Civil 
Service Commission of three members, not more than two 
of whom may belong to the same political party. This 
commission gives competitive examinations, which are re¬ 
quired for testing the fitness of applicants for certain posi¬ 
tions in the public service. The number of offices originally 
included under the act was about 14,000. The President 
is given the power to direct the further extension of the 
“ classified service,” that is, those positions that are to be 
filled by persons who have passed the best examinations. 
In 1902 there were over 120,000 classified offices.^ While 
much has been accomplished, during the past twenty years, 
toward reforming civil service appointments, it is to be 
hoped that a large number of the unclassified offices 
will, at an early date, be placed on the list to be filled 
only after examination.^ The National government may 

1 Nineteenth Report of the United States Civil Service Commission, 1901- 
1902, p. 22. 

2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000 
of which were fourth-class post offices. During the year 1901-1902, the 
civil service rules providing for competitive examinations were extended by 
order of the President or by Act of Congress so as to include the rural free 
delivery service, employees of the permanent census bureau, and additional 
employees made necessary because of the war with Spain. 


POWERS AND DUTIES OF THE PRESIDENT. 137 


thus further assist in the movement for like reforms already 
so well begun in some of our States and cities. 

Duties of the President. — Section 3. He shall, from 
time to time, give to the Co 7 igress information of the state 
of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, 
on exti'aordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper ; he shall receive Ambas¬ 
sadors and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission all 
the officers of the United States, 

Presidential Messages. — By means of the annual mes¬ 
sage sent to Congress at the opening of the session, and 
special messages on particular occasions, the President is 
enabled to call attention to the legislative needs of the 
country. The plan of having a message read in each 
House by the clerk or secretary was introduced by Presi¬ 
dent Jefferson. Presidents Washington and Adams ad¬ 
dressed, in person. Congress assembled in joint session. 
Various reasons have been alleged for this change. Presi¬ 
dent Jefferson was a poor speaker, and it is said that he 
regarded the formal address as monarchical. 

Enforcement of the Laws. — The most important duty 
of the President is to see that all laws passed by Congress 
are faithfully executed. Laws are useless unless they are 
enforced, and it is chiefly for the performance of this task 
that the Executive was originally created. It is not con- 


138 


THE NATIONAL GOVERNMENT. 


templated that this duty shall be performed by him in 
person, but through officials who are directly responsible 
to him. The United States marshals and their deputies 
exercise a wide influence in seeing that the laws are en¬ 
forced. They usually act under an order from a United 
States court, but may, at times, act without such a writ. 
If necessary, the President may send the army and navy 
of the United States or call out the militia of the States to 
overcome any resistance to federal law. 

Each State possesses the power of enforcing its own laws and is of 
right protected in the exercise of this prerogative. In case of an insur¬ 
rection, however, the State militia is sent by order of the Governor to 
suppress it. Should they fail to restore order, the Legislature, or the 
executive (when the Legislature cannot be convened), applies to the 
President for military aid.^ If the uprising has interfered in any way 
with the carrying out of the laws of the nation, the President may, at 
his discretion, send troops to suppress it without having been asked to 
do so by the Legislature or the Governor. There was a notable illus¬ 
tration of this point during the time of the Chicago riots, in July, 1894. 

President Cleveland vs. The Governor of Illinois. — In addition to 
destroying property belonging to the railways centering in Chicago, the 
striking employees prevented the free movement of the trains. Mr. 
Altgeld, then Governor of Illinois, did not provide against these abuses, 
and President Cleveland ordered the United States troops under General 
Miles to suppress the rioting. The President, who was severely criti¬ 
cised by Mr. Altgeld, justified his sending the troops on the following 
grounds: (i) that the processes of the federal courts could not be 
executed; (2)‘that the transportation of the United States mails was 
obstructed; and (3) that the laws on interstate commerce were not 
enforced. 

The United States Supreme Court took the same position as Presi- 

^ Article IV, Section 4. The United States shall guarantee to every State 
in this Union a republican form of government, and shall protect each of them 
against invasion ; and on application of the legislature, or the executive (when 
the legislature cannot be convened^, against domestic viole^ice. 


POWERS AND DUTIES OF THE PRESIDENT. 139 


dent Cleveland in a case which grew out of these riots. Mr. Justice 
Brewer, in delivering the opinion of the court, said : “We hold that the 
government of the United States is one having jurisdiction over every 
foot of soil within its territory and acting directly upon each citizen; 
that while it is a government of enumerated powers, it has within the 
limits of those powers all the attributes of sovereignty ; that to it is com¬ 
mitted power over interstate commerce and the transmission of the 
mails, and that these powers have been assumed and put into practical 
exercise by the legislation of Congress.” 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What have been some of the most important treaties entered into 

on the part of the United States? 

2. For the treaty made at the close of the Spanish-American War, 

see Rev. of R’s, 18: 258, 371, 515, 631; 19 : ii, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated ? Harrison, This Country 

of Ours, 140, 141. 

4. May a President have many of the privileges of private life ? 

Harrison, This Country of Ours, 177-180. t 

5. What are some of the official cares of the President? Harrison, 

This Country of Ours, 162-177. 

6. The Overworked President, McClure’s Mag., 28:483-492; Rev. of 

R’s, 25 : 464-466. 

7. Secure a copy of the last report of the Civil Service Commission, 

and also Manual of Examinations for the Classified Service of 
the United States, and look up the following: — 

a. How many persons are included in the civil service of the 
United States? 

3 . What proportion of them is included in the classified 
service ? 

Does the law of 1883 seem to have brought about satis¬ 
factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law ? 

e. What is the nature of the questions asked in the exami¬ 

nations ? 

8 . The Fifteenth Annual Report of the Commission (pp. 443-485) 

contains an account of the appointments and removals by 


140 


THE NATIONAL GOVERNMENT. 


the various Presidents from 1789 to 1883. Also an account 
of the growth of civil service reform in the States and cities 
of the United States, pp. 489-502. 

9. May a man be fitted for political preferment and not be competent 
to pass an adequate examination ? 

10. For other articles on civil service reform, see {a) The Civil Ser¬ 

vice and the Merit System, Forum, 27:705-712. {b) Some 

Popular Objections to Civil Service Reform, Atl. Mo., 65 : 433- 
444; 671-678. (c) Roosevelt, An Object Lesson in Civil Ser¬ 
vice Reform, Atl. Mo., 67: 252-257. {d) George William Curtis 

and Civil Service Reform, Atl. Mo., 75:15-24. (-?) Rice, Im¬ 

provement of the Civil Service, N. Am. Rev., 161:601-611. 
(/) Roosevelt, Present Status of Civil Service Reform, Atl. 
Mo., 75:239-246. {g) Roosevelt, Six Years of Civil Service 

Reform, Scribner’s Mag., 18:238-247. {h) The purpose of 

Civil Service Reform, Forum, 30 : 608-619. 

11. What was the Tenure of Office Act of 1867? Why did it become 

of great importance? Is it still in force? Wilson, Division 
and Reunion, 267, 270-271, 297; Harrison, This Country of 
Ours, 101-103. 

12. What were the chief points discussed in the President’s last 

annual message ? 



CHAPTER XV. 


THE CABINET. 

Formation of Departments.—The Constitution nowhere 
mentions the President’s Cabinet. It was taken for 
granted, however, that departments similar to those found 
in the Cabinet would be formed. The Constitution declares 
that the President “ may require the opinions in writing of 
the heads of the executive departments,” and again, that 
“ Congress may vest the appointment of certain inferior 
officers in the heads of these departments.” 

In 1789 the first Congress created the Departments of 
State, War, and Treasury, also the office of Attorney- 
General. President Washington’s Cabinet consisted of 
the officials whom he appointed to fill these four positions. 
The Navy Department was added in 1798. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. 
In 1849, the Interior Department was created by grouping 
under it certain duties which had belonged to other de¬ 
partments. The Department of Agriculture was made a 
Cabinet position in 1889. In 1903 the Department of 
Commerce and Labor was authorized by an act of Con¬ 
gress. Members of the Cabinet receive an annual salary 
of $Sooo. 

The President and his Cabinet. —One of the first official 
acts of a President is to send to the Senate, for its 

141 


142 


THE NATIONAL GOVERNMENT. 


approval, the names of the men whom he desires shall 
constitute his Cabinet. This is now a mere formality. 
The President is himself the one most interested in the 
success of his administration and is of right given complete 
freedom in selecting his immediate advisers. While the 
views of the members of the Cabinet usually have weight 
with the President, he is not obliged to take their advice. 
Indeed, in some instances the President has carried out a 
line of action which was against the wishes of the secretary 
of the department affected. 

The Department of State. 

The Secretary of State. — The Secretary of State is 
commonly called the head of the Cabinet. He is first in 
rank at the Cabinet table, and occupies the seat of dignity 
at the right of the President. Under the direction of the 
President he conducts all negotiations relating to the for¬ 
eign affairs of the nation; carries on the correspondence 
with our representatives in other countries; receives the 
representatives of foreign powers accredited to the United 
States, and presents them to the President. Through him, 
the President communicates with the executives of the 
different States. He has charge of the treaties made with 
foreign powers, and negotiates new ones. He has also in 
his keeping the laws of the United States and the great 
seal which he affixes to all executive proclamations, com¬ 
missions, and other official papers. 

The Diplomatic Bureau. —The United States, in common 
with other nations, sends representatives to the foreign 
capitals. They are the agents through whom the Secre- 


THE CABINET. 


143 


tary of State communicates and negotiates with other 
powers. Such affairs are conducted through the Diplo¬ 
matic Bureau. The United States has now about thirty-five 
ambassadors and ministers. Our representatives at the 
courts of England, France, Germany, Russia, Italy, Aus¬ 
tria, and Mexico are known as ambassadors. The am¬ 
bassadors to the first four countries receive a salary of 
$17,500 each. 

The social demands made upon our Ambassadors are great, and they 
are also obliged to provide for their places of residence. The salaries 
paid are not sufficient to meet these necessary expenses, and are small in 
comparison with those paid by the European nations to officers of the 
same rank. Thus, the English Ambassador at Washington receives a 
salary of $32,500. Besides the English, the German, the Japanese, and 
some other nations have provided houses for their legations. 

The Consular Bureau. — A consul is sent by the United 
States to each of the chief cities in the consular districts 
into which foreign countries are divided by our State 
Department. These consuls, of whom there are three 
grades, Consuls-General, Consuls, and Consular Agents, 
look after the commercial interests of the United States in 
those districts. They make monthly reports on improve¬ 
ments in agricultural and manufacturing processes. These 
reports also give information regarding good markets for 
our products and of the best markets in which to purchase 
foreign products.^ Consuls care for destitute American 
sailors and protect the interests of our citizens in foreign 
countries. In some of the non-Christian nations, such as 

1 Among scores of similar subjects, our consuls reported in 1900 on the fol¬ 
lowing : American goods in Syria ; American commerce with Asia Minor and 
eastern Europe ; German opinion of American locomotives; American coal 
in Germany ; Europe and American competition. 


144 


THE NATIONAL GOVERNMENT. 


China and Turkey, they also have jurisdiction over all 
criminal cases in which any American citizen may be a 
party. The importance of such services to our country is 
self-evident. The appointment of these 765 officials, to¬ 
gether with their subordinates, is usually secured under 
party pressure. It would have a wholesome influence on 
our rapidly developing commercial interests were these 
positions placed in the classified service.^ 

The Department of the Treasury. 

The Secretary of the Treasury. — The Department of 
the Treasury is the most extensive and complex of the 
executive departments. In general, the Secretary of the 
Treasury has charge of the finances of the nation. He is 
required to prepare plans for the creation and improvement 
of the revenues and the public credit and to superintend 
the collection of the revenue. He gives orders for all 
moneys drawn from the Treasury in accordance with 
appropriations made by Congress, and submits an annual 
report to Congress which contains an estimate of the 
probable receipts and expenditures of the government. 

The Auditors. — It is very important that the accounts of the govern¬ 
ment should be carefully scrutinized, and one of the six auditors con¬ 
nected with the Treasury Department must pass upon the accounts of 
every public officer who pays out money. Thus, the Auditor for the 
Treasury Department examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury and all other 
offices under his immediate direction, such as the Treasurer and Directors 
of the Mints. 

The Treasurer. — All the money of the United States is under the 
care of the Treasurer. He receives and pays it out upon the warrant of 

^ See report Civil Service Commission, 1901-1902, p. 32. 


THE CABINET. 


145 


the Secretary of the Treasury or a designated assistant, redeems the 
notes of the National banks, and manages the Independent Treasury 
System. This system renders the Treasury Department practically 
independent of the banks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an assistant treas¬ 
urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi¬ 
cago, St. Louis, New Orleans, and San Francisco. While the greater 
part of the money belonging to the government is found in these places, 
about two hundred National banks have also been designated as public 
depositories. 

The Chief of the Bureau of Engraving and Printing. — The Bureau ^ 
of Engraving and Printing is one of the largest in the department and 
employs about 1600 people. It has been said that the products of this 
bureau, in the course of a single year, represent a sum equal in value to 
all the money in circulation in the United States ; for here the engraving 
of the plates and the printing of all the United States circulating notes, 
bonds, revenue stamps, and postage stamps are done. 

Other Officers of the Treasury Department. — Among the 
other leading officials of the Treasury Department are: 
Comptroller of the Currency, Commissioner of Internal 
Revenue, General Superintendent of the Life-saving Ser¬ 
vice, Solicitor of the Treasury, Supervising Surgeon- 
General, and Supervising Architect. 

The Life-saving Service. — This is one of the most important offices 
in the Treasury Department. More than 2000 men are employed in 
the 264 stations, located generally at danger points on the oceans and the 
Great Lakes. Out of the 3987 lives imperiled in the year 1898 in the 
disasters on water, only 22 were lost.^ Of the property involved, which 
was valued at $7,368,000, 88 per cent was saved. It has been estimated 
that 225,000 lives have been saved through this service since it was 
founded in 1848. 

The Solicitor of the Treasury. — The Solicitor of the Treasury is 
the law officer of the department, and has charge of all prosecutions 

1 The work of each department is usually distributed among the bureaus. 
Bureaus are again divided into divisions. At the head of each bureau is a 
commissioner, and of each division a chief. 

2 Finance Report, 1898, Ixxxiv. 

L 


146 


THE NATIONAL GOVERNMENT. 


by the government arising out of the counterfeiting of the government 
securities, or of the infringement of customs revenue, and of all suits for 
the collection of moneys due the United States, except those due under 
the internal revenue laws. 

The Supervising Surgeon-General. — The Supervising Surgeon-Gen¬ 
eral superintends the twenty-two marine hospitals where our sick sailors 
are cared for; conducts the quarantine service of the United States; 
and directs the laboratories for the investigation of the causes of conta¬ 
gious diseases. 


The War Department. 

The Secretary of War.—The Secretary of War, under 
the direction of the President, has charge of the military 
affairs of the government. He supervises all estimates of 
appropriations for the expenses of the department.^ He 
has under his supervision also the military academy at 
West Point, all national cemeteries, and river and harbor 
improvement. The chiefs of the eleven bureaus are regu¬ 
lar army officers. 

The Adjutant-General. — The Adjutant-General issues orders for the 
muster of troops and for their movement, conducts the correspondence 
of the department, and keeps the records. 

The Inspector-General. — The Inspector-General examines and re¬ 
ports on all places where United States troops are stationed; on pub¬ 
lic works carried on by army officers; and on the military academy and 
prisons. 

The Quartermaster-General. —Under direction of the Quartermaster- 
General the army is transported, clothed, and equipped. 

The Chief of Ordnance. — Arms are supplied by the Chief of Ord¬ 
nance. The arms used are manufactured chiefly in the United States 
arsenals. The arsenals at Springfield, Mass., and Rock Island, Ill., 
manufacture rifles and carbines; and that at West Troy, N.Y., cannon 
and mortars. 

1 The annual appropriation by Congress for the army alone in 1903 
amounted to 1^78,138,752. 


THE CABINET. 


147 - 


The United States Military Academy. — The United States Military 
Academy at West Point was founded in 1802. The corps of cadets is 
made up of one cadet from each of the Congressional districts, one from 
each of the Territories and the District of Columbia, and one hundred 
from the United States at large. Prior to the year 1900 there were only 
ten cadets at large. The act of that year also provided that thirty cadets 
were to be named by the President directly and the remainder appor¬ 
tioned among the States. They all receive their appointments from 
the President, but it has become the custom for the representatives 
and delegates to select (usually after a competitive examination) those 
from the Congressional districts and the Territories. The cadet must 
be between seventeen and twenty-two years of age. Each receives 
$540 a year during the four years of his course. Upon graduation, the 
cadets are commissioned as second lieutenants in the United States 
army. In case there are.more graduates than vacancies, those in excess 
are honorably discharged with the payment of one year’s salary. 

The Navy Department. 

The Secretary of the Navy. — The duties of the Secre¬ 
tary of the Navy pertain to the construction, manning, 
arming, equipping, and employment of war-vessels.^ 

The United States Naval Academy. — The naval academy at An¬ 
napolis was established in 1846. One cadet is allowed in the naval 
academy for each member or delegate of the House of Representatives, 
one for the District of Columbia, and ten at large. Candidates for 
admission, at the time of their examination, must be between the ages 
of fifteen and twenty years. The nomination of a candidate to fill a 
vacancy is made upon recommendation of a representative or delegate 
if made before July i ; but if no recommendation be made by that time, 
the Secretary of the Navy fills the vacancy by appointing an actual resi¬ 
dent of the district in which the vacancy exists. The President selects 
the candidates at large and the cadet for the District of Columbia. At 
the conclusion of the^six years’ course, two of which are spent at sea, the 

1 The appropriation for this department in 1903 was ^81,877,291. 


148 


THE NATIONAL GOVERNMENT. 


graduates are assigned in order of merit to the vacancies that may have 
occurred in the lower grades of the line of the navy and of the marine 
corps. Cadets who are not assigned to service after graduation are 
honorably discharged and are given $500, the amount they have re¬ 
ceived each year of their course at the academy. 


The Department of Justice. 

The Attorney-General. — The Attorney-General is the 
legal adviser of the President and of the heads of the 
departments. He supervises the work of all the United 
States district attorneys and marshals, and is assisted by 
the Solicitor-General. Unless otherwise directed, all cases 
before the Supreme Court and the Court of Claims in 
which the United States is a party are argued by the 
Attorney-General and the Solicitor-General. 


The Post Office Department. 

The Postmaster-General. — The Postmaster-General is 
at the head of this department. He appoints all of the 
officers of the department with the exception of the four 
assistant postmasters-general and postmasters of the first 
class, whose appointments are made by the President with 
the consent of the Senate. The Postmaster-General may, 
with the consent of the President, let contracts and make 
postal treaties with foreign governments. 

The Postal Union. — Since 1891 the United States has been a mem¬ 
ber of the Universal Postal Union. By this union over fifty distinct 
powers became parties to an agreement by which uniform rates of post¬ 
age were agreed upon and every facility for carrying mails in each 
country was extended to all the others. 


THE CABINET. 


149 


The Department of the Interior. 

The Secretary of the Interior.—The Interior Department, 
under the supervision of the Secretary of the Interior, is 
one of the most complex and important of the departments. 
There are two assistant secretaries in the department, 
while at the head of the other offices are six commissioners 
and two directors. 

The Commissioner of the General Land Office. — The Commissioner 
of the General Land Office has charge of all the public lands of the 
government, and supervises the surveys, sales, and issuing of titles to 
this property (see p. 169). 

The Commissioner of Education. — The Commissioner of Educa¬ 
tion is the chief of the Bureau of Education. This bureau has charge 
of the collection of facts and statistics relating to the educational sys¬ 
tems and to progress along educational lines in the several States and 
Territories, and also in foreign countries. The reports issued by the 
bureau are of great value to those interested in education. The com¬ 
missioner has advisory power only, except in Alaska. Here he directs 
the management of the schools. 

The Commissioner of Pensions. — The Commissioner of Pensions 
supervises the examination and adjustment of all claims arising under 
the laws of Congress granting bounty land or pensions on account of 
services in the army or navy during the time of war. That our govern¬ 
ment has not been ungrateful may be gathered from the report of the 
commissioner for 1902. There were in that year 999,446 pensioners, to 
whom were paid approximately $140,000,000, or an amount equal 
to 24 per cent of the total revenues of the government. 

The Commissioner of Indian Affairs. — Prior to 1871 the Indian 
tribes were treated as independent nations by the United States, but by 
a law of that year the general government was made the guardian of 
their interests. The Commissioner of Indian Affairs exercises a pro¬ 
tecting care over thesewards ” by directing the work of the Indian 
agents and of the superintendents of Indian schools. 


THE NATIONAL GOVERNMENT. 


150 

There are some 145,283 Indians on the 177 reservations which are 
in the various States and Territories.^ The lands of these reservations 
are held in common ; that is, the ownership is tribal rather than individ¬ 
ual. It is the policy of the government, however, to bring about the 
allotment of lands “ in severalty,” and thus to encourage the Indians to 
adopt an agricultural life. The Indians are only partially self-supporting. 
Some tribes derive an income from funds which are the proceeds derived 
from the sales and cessions of their lands. The National government 
holds this money in trust for them, and, by direct appropriation, supplies 
the money, food, and clothing necessary to complete their support. 
The appropriation for the Indians in 1903 was $8,512,950. Over one- 
fourth of this sum was spent for their education in Indian schools, num¬ 
bering nearly 300, which are under the direct control of the department. 

The Director of the Geological Survey. — The Director of the Geo¬ 
logical Survey collects much valuable information through the exami¬ 
nation of the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of the survey 
of the forest reserves. 

The Department of Agriculture. 

The Secretary of Agriculture. — The duties of the Secre¬ 
tary of Agriculture are, “To acquire and diffuse among 
the people of the United States useful information on sub¬ 
jects connected with agriculture in the most comprehensive 
sense of that word.” The activities of the department are 
along many lines, as indicated by the names of the bureaus 
and divisions. 

Bureau of Animal Industry. — Continuous advancement is being 
made by the government toward placing the agricultural pursuits upon 
a more scientific basis. One of its most important services is performed 
in the Bureau of Animal Industry, which inspects the greater part of 

1 Census of 1900. This number does not include the Indians found in the 
Indian Territory. According to this census the total number of Indians then 
in the United States was 331,000, 


THE CABINET. 


151 

the meat products exported to European countries. The law providing 
for this inspection was necessary because of the claim in European 
markets that diseased meats were shipped from the United States. An 
inspection is also provided for live animals intended for exportation and 
for animals imported. Much scientific work is also devoted to a study 
of the various diseases of animals. 

The Division of Seeds.— Over $100,000 are expended each year by 
the Division of Seeds in the purchase of rare and valuable ” seeds, 
bulbs, and plants. These are distributed free throughout the country 
for the purpose of fostering the introduction of new and more valuable 
crops. 

Public Road Inquiries. — Another important interest is carried on by 
the Office of Public Road Inquiries. Here experiments are made with 
regard to the best system of road-making and the best materials to be 
used for that purpose. 

Weather Bureau.— Through the Weather Bureau daily forecasts and 
warning of storms are sent to over 50,000 different points, and storm 
signals are displayed at 300 places on our coasts. By its operation, 
millions of dollars are saved each year to the agricultural and maritime 
interests of the country. A recent decree of the Post-Office Department 
renders the reports of the bureau of still greater service. Slips of 
paper having the storm, frost, or other warnings printed on them are 
distributed by the rural mail carriers at the various houses in the dis¬ 
tricts affected. 

The Department of Commerce and Labor. 

Nature of the Department. — Because of the nature of 
the subjects assigned to this new department, it will 
rapidly become one of the most important of the de¬ 
partments. At the head of the department is a secre¬ 
tary. Strictly speaking, there have been only two bureaus 
created for the department, the others having been trans¬ 
ferred from the other departments. The new bureaus are 
those of Corporations and of Manufactures. The Com¬ 
missioner of Corporations is expected to investigate the 


152 


THE NATIONAL GOVERNMENT. 


organization, conduct, and management of the business of 
corporations and other combinations engaged in interstate 
commerce, and to see that all anti-trust laws enacted by 
Congress are enforced. The duties of the Commissioner 
of Manufactures, as defined by the law, are “ to foster, pro¬ 
mote, and develop the various manufacturing industries of 
the United States and markets for the same at home and 
abroad by gathering, compiling, publishing, and supplying 
all available and useful information concerning such indus¬ 
tries and such markets, and by such other methods and 
means as may be prescribed by the secretary or provided 
by law.” The President is given the power to transfer to 
the department those bureaus in other departments which 
are engaged in scientific or statistical work, the Interstate 
Commerce Commission and the scientific divisions of the 
Agricultural Department being excepted. The offices 
which have been transferred are as follows : the Bureau 
of Statistics ; Census and Immigration bureaus ; Bureau of 
Foreign Commerce of the State Department; the Bureau 
of Standards of "Weights and Measures ; Bureau of Naviga¬ 
tion and the Shipping Commissioners; the Steamboat In¬ 
spection Service; Fish Commission; Coast and Geodetic 
Survey, and Lighthouse Board. 

The Chief of the Bureau of Statistics. — The Chief of the Bureau of 
Statistics collects and publishes the annual statistics on commerce. 
These reports are of such a character that they are invaluable to the 
President in the preparation of his messages ; and they are used exten¬ 
sively by the heads of departments, members of Congress, and the 
public. Tariff laws, special legislation for particular industries, and all 
international trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, which pre¬ 
sents in a condensed form the history of the commerce of the United 
States for a number of preceding years. 


THE CABINET. 


153 


The Commissioner of Immigration. — The Commissioner of Immi¬ 
gration superintends the work done by the inspectors of immigrants. 
Every immigrant must undergo a rigid examination in order to ascertain 
whether he belongs to any of the prohibited classes.^ Each immigrant 
must pay a tax of one dollar, which sum is used to pay the expenses of 
the bureau. The work of the Census Bureau was described on pages 

55-56. 

The Superintendent of the Coast and Geodetic Survey. — This 
officer superintends the survey of the coasts and rivers of the United 
States. He has charge of the publication of charts and sailing direc¬ 
tions which are of inestimable value to mariners. 

The Lighthouse Board. — The Lighthouse Board has charge of the 
lighthouses, of which 1199 had been established previous to the year 
1899, besides the light vessels and beacons used for the protection of 
navigation. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Does the President select the members of his Cabinet from among 

former members of Congress ? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to appear be¬ 

fore Congress in the interests of their own departments Would 
this be desirable ? Walker, The Making of the Nation, 92; Bryce, 
American Commonwealth, I, Chapter 9; Atl. Mo. 65 : 771-772. 

3. Who are now the heads of the executive departments ? Were 

they prominent in National affairs before they were selected for 
these positions ? 

4. In 1901 a bill was introduced in the House of Representatives 

which provided for an increase of the annual salary of the Vice- 
President to $25,000, and that of each member of the Cabinet 
to $15,000. What reasons can you give for or against such a 
change ? 

1 Three thousand two hundred and twenty-nine immigrants were debarred 
in 1897 out of 229,299 immigrants seeking admission to the United States. 
In 1899 there were 300,165 immigrants to the United States, and 3798 were 
refused admission. Of these there were 2599 paupers; 741 contract laborers; 
348 diseased persons; 82 assisted immigrants; 19 insane persons; 8 convicts; 
and I idiot. 


154 the national government. 

5. What was the history of the State Department prior to 1789 ? 

Harrison, This Country of Ours, 182-187. 

6. Give a list of the Presidents who have been Secretaries of State. 

How do you account for this policy in the first years of our 
government, and not at a later time.? Name some of the other 
prominent Secretaries of State. 

7. Who are our ambassadors ? Can you give the name of any for¬ 

eign ambassadors in Washington? See Congressional Directory. 

8. The methods by which our ministers are selected, take possession 

of their offices, and are presented at foreign courts, are described 
in Curtis, The United States and Foreign Powers, 15-21. 

9. The Duties of Ministers. Curtis, The United States and Foreign 

Powers, 22-26. 

10. Are our ambassadors given adequate salaries ? Curtis, The United 

States and Foreign Powers, 13, 14. 

11. From a consular report learn what the duties of a consul are. 

Curtis, The United States and Foreign Powers, 30-33. 

12. For an account of our consular service, a comparison with that 

of other nations, and a consideration of some of the weaknesses 
in our system, see Curtis, The United States and Foreign Powers, 
28-30. 

13. A Business Man and the Consular Service, Century Mag. 60 : 268- 

271. 

14. Abuses in our Consular System arising through Appointment, 

Atl. Mo. 85 : 455-466, and 669-683. 

15. A Plea for Consular Inspection, Forum, 30: 28-34. 

16. What is the Great Seal of the United States, and what is its use? 

Harrison, This Country of Ours, 199-200. 

17. What is the particular work of the Marine Department? of the 

Steamboat Inspection Service ? of the Marine Hospital ? Lyman 
J. Gage, Organization of the Treasury Department, Cosmopoli¬ 
tan, 25 : 355-365* 

18. What is the work of the Bureau of Engraving and Printing? 

Spofford, The Government as a Great Publisher, Forum, 19: 

338-349* 

19. What is the extent of our merchant marine ? Should it be in¬ 

creased? Statistical Abstract of the United States, 1900, 437- 
450. 


THE CABINET. 


155 


20. From the Appendix to the last Finance Report get the chief points 

connected with the work of the following officials : Treasurer, 
Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi¬ 
sion, 861-867. A good description of the Treasury Department 
is given in Scribner’s Mag., 33: 400-411. 

21. From the last report of the Bureau of Statistics find answers for 

the following: The expenditures of the government in the differ¬ 
ent departments; value of merchandise imported and exported; 
amounts of coin, wheat, cotton, wool, and iron produced, im¬ 
ported, and exported; the chief nationalities of immigrants, 
and comparison of the total number with previous years. 

22. Are our coasts well defended? Harrison, This Country of Ours, 

225. 

23. Describe the work of the President, Secretary of War, Secretary of 

the Navy, and of the other Cabinet officers at the outbreak of 
war, Cosmop. 25 : 255-264. 

24. For illustrated articles on Education at West Point and Annapolis, 

see Outlook, 59 : 839-849, 825-837. 

25. Comparison of our Pension System with that of other Nations, 

Forum, 33 : 346-348. 

26. Defects in our Pension System, Forum, 31 : 670-680. 

27. Changing Character of the Immigration to the United States, 

Rev. of R’s, 24: 723, 724. 

28. Why the Chinese should be excluded. Forum, 33 : 53-59. 

29. Why the Chinese should be admitted. Forum, 33: 50-68. 

30. Influence of the Allotment of Land on the Indian, Forum, 34: 

466-480. 

31. Results of the Work of Experiment Stations, Scribner’s Mag., 31: 

643-660. 

32. For accounts of the new Congressional Library, see Century Mag., 

53: 682-694; 694-711; Atl. Mo., 85: 145-158; Cosmop., 23: 10- 
20. 

33. What is the special value of the work of the Bureau of American 

Republics ? Forum, 30 : 21-27. 

For other questions and references on the topics in this chapter con¬ 
sult Government in State and Nation, 299-302. 


CHAPTER XVI. 


THE NATIONAL JUDICIARY. 

Article III. 

Establishment of an Independent Tribunal. — Alexander 
Hamilton characterized the lack of a judiciary as the 
crowning defect of government under the Confederation. 
If we consider the nature of our present government, 
it is easily seen that some form of independent tri¬ 
bunal is necessary. We have a central government 
exercising complete control over National affairs and for¬ 
eign relations and, at the same time, the State governments 
with equally complete control over questions arising within 
their limits. If differences arise, then, as to the authority 
of National or State government over a given question, 
how are these disputes to be settled peaceably.? After a 
brief discussion, the problem was answered in the Con¬ 
stitutional Convention by the formation of a federal 
judiciary. 

Organization of the Judiciary. — The organization of the 
judiciary is provided for as follows : Section i. The judi¬ 
cial power of the United States shall be vested in one Su~ 
preme Courty and in such mfe^ior courts as the Congress 
may from time to time ordam a^id establish. The judgesy 

156 


THE NATIONAL JUDICIARY. 


157 

both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, re¬ 
ceive for their services a compensation zvhich shall not be 
diminished during their continuance in office. 

In 1789 Congress provided that the Supreme Court 
should consist of a Chief Justice and five Associates. 
Circuit and District Courts were also established. The 
Supreme Court at present consists of the Chief Justice and 
eight Associate Justices. It holds one session annually, at 
Washington, beginning on the second Monday in October 
and continuing until about May i. 

District Courts. — The territory of the United States has been 
divided into judicial districts, none of them crossing State lines and each 
having a District Court. New York and Texas have each four districts ; 
Alabama, Indian Territory, Pennsylvania, and Tennessee three each; 
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, 
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir¬ 
ginia, Wisconsin, and West Virginia two each ; and the remaining States 
have each a single district. New Mexico and Oklahoma constitute a dis¬ 
trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge 
for each district, but a single judge is at times assigned to two districts. 

A District Attorney and Marshal are appointed by the President for 
each District Court. The United States District Attorney is required 
to prosecute all persons accused of the violation of Federal law and to 
appear as defendant in cases brought against the government of the 
United States in his district. The United States Marshals execute the 
warrants or other orders of the United States District and Circuit 
Courts and, in general, perform duties connected with the enforcement 
of the federal laws which resemble the duties of sheriffs under State 
laws. 

Circuit Courts. — Circuit Courts are next higher than the District 
Courts in the series of federal courts. The policy has been to have as 
many Circuit Courts as there are Justices of the Supreme Court. The 
areas of the circuits were determined by grouping several districts 
together; thus, the seventh circuit includes the districts of Indiana, 
Northern and Southern Illinois, Eastern and Western Wisconsin. 


158 


THE NATIONAL GOVERNMENT. 


Circuit Courts may be held by a Judge of the Supreme Court assigned 
to that circuit, by a Circuit Judge, or by the District Judge of the dis¬ 
trict in which the court is held, or by any two of these or by all of them 
sitting together. The law requires that the Justice of the Supreme 
Court shall attend court in each district of his circuit at least once in two 
years. Each of the circuits, the first and the fourth being excepted, has 
now (1903) three Circuit Judges. The increase in the number of cases 
to be tried before the Circuit Courts made the appointment of additional 
Circuit Judges necessary, and by the law of 1891, also, nine Circuit 
Courts of Appeals were established, for each of which an additional Cir¬ 
cuit Judge was provided. The Circuit Courts of Appeals consist of 
three Judges each, any two constituting a quorum. The Judges eligible 
to sit in one of these courts are : the Supreme Court Judge assigned the 
Circuit, the Circuit Judges, and the District Judges of the Circuit. 

The Court of Claims was established in 1855 and consists of a Chief 
Justice and four Associates. It holds an annual session in Washington. 

Terms and Salaries of the Judges. —That the judiciary 
should be independent of parties and of other influences 
cannot be questioned. Hence the wisdom of the provision 
that United States judges shall hold their officers during 
good behavior and shall receive a compensation for their 
services which shall not be diminished during their con¬ 
tinuance in office. Judges of the United States courts are 
appointed by the President with the consent of the Senate. 

By an act of Congress of 1903, the salary of the Chief 
Justice was fixed at $13,000 per annum ; that of Associate 
Justices, $12,000; Circuit Judges, $7500; and District 
Judges, $6000. 

Jurisdiction of the National Courts. — We are next to 
consider the jurisdiction of the several courts that have 
been described. 

Section 2, Clause i. The judicial power shall extend to 
all cases, in law and equity, arising tmder this Co7istitution, 
the laws of the United States, and treaties made, or which 


THE NATIONAL JUDICIARY. 


59 


shall be made^ wider their authority ; — to all cases affecting 
Ambassadors, other public ministers and Consuls ; —to all 
cases of admiralty and maritime jurisdiction ; — to contro¬ 
versies to which the United States shall be a party; — to 
controversies between tivo or more States ; — between a State 
and citizens of another State ; — between citizens of different 
States ; — between citizens of the same State claiming lands 
under grants of different States, and between a State, or the 
citizens thereof, and foreign states, citizens or subjects. A 
careful consideration of this clause shows the wide extent 
of the powers of the United States courts. It shows also 
the desirability of having all such cases under their juris¬ 
diction rather than under the authority of the State courts. 
Associate Justice Brewer wrote recently, with reference to 
the influence of the decisions of the Supreme Court on the 
history of the country : ^ “ Its decisions have always been 
in harmony with and sustaining the proposition that this 
republic is a nation acting directly upon all its citizens, 
with the attributes and authority of a nation, and not a 
mere league or confederacy of States. The importance of 
this cannot be overestimated, and will be appreciated by 
all who compare the weakness of the old confederacy with 
the strength and vigor of the republic under the present 
Constitution.” 

♦ 

Suit against a State by a Citizen of Another State.—In the nota¬ 
ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Supreme 
Court of the United States. That court interpreted the clause as apply¬ 
ing to cases in which a State is defendant, as well as to those in which 
it is plaintiff. The decision was received with disfavor by the States, 

1 “ The Supreme Court of the United States,” Scribner^s Magazine, Vol. 33 : 
275, 276. 


i6o 


THE NATIONAL GOVERNMENT. 


and Congress proposed the Xlth Amendment to the Constitution, 
which was ratified in 1798 and is as follows : — 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity^ conitnenced or prosecuted against 
one of the United States, by citizens of another State, or by citizens or 
subjects of any foreign state. 

Original and Appellate Jurisdiction. — Clause 2. In all 
cases affecting Ambassadors, otherpttblic tninisters and Con¬ 
suls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction, hi all the other cases 
before mentioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions, 
and under such regulations as the Congress shall make. 

The Supreme Court has original jurisdiction in “ all 
cases affecting Ambassadors, other public ministers, and 
Consuls, and those in which a State shall be a party.” 
Original jurisdiction means that these cases may be begun 
in the Supreme Court. Other cases are brought to the 
Supreme Court from the inferior United States courts or 
from the supreme courts of the States and Territories by 
appeal. In such cases the Supreme Court is said to have 
appellate jurisdiction. 

Jurisdiction of the Inferior Courts. — It is difficult in 
brief space to define minutely the province of each court. 
The following* accounts, therefore, give only a general 
description: — 

The Circuit Courts of Appeals are given final jurisdiction in certain 
cases appealed to them from the District and from the Circuit Courts, 
such as those arising under the patent, revenue, and criminal laws, as 
well as admiralty and other cases in which the opposing parties to a 
suit are an alien and a citizen, or are citizens of different States. The 
Supreme Court has thus been partially relieved from an overcrowded 


THE NATIONAL JUDICIARY. 


l6l 


docket. But jurisdiction in these cases may be assumed by the Supreme 
Court if it desires to do so. 

The Circuit Courts have jurisdiction of cases where the amount in¬ 
volved, exclusive of interest and costs, is at least $2000. Circuit 
Courts have original jurisdiction in patent and copyright cases, and in 
cases brought by the United States against National banks. They have 
exclusive jurisdiction in capital cases. “ The jurisdiction of the District 
Courts embraces chiefly criminal cases, admiralty cases, bankruptcy 
proceedings, suits for penalties, and the like.” 

The Court of Claims “shall hear and determine all claims founded 
upon any law of Congress, or upon any regulation of an executive de¬ 
partment, or upon any contract, express or implied, with the govern¬ 
ment of the United States, which may he suggested to it by a petition 
filed therein ; and also all claims which may be referred to said Court 
by either House of Congress.” ^ 

Trial by Jury. — The right of trial by jury in all criminal 
cases had been insisted upon by Englishmen for centuries 
prior to the formation of our Constitution. There were 
two branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides in Section 2, Clause i, that 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the State 
where the said crime shall have been committed; but when 
not committed within any State, the trial shall be at such 
place or places as the Congr^ess may by law have directed. 

This clause was attacked by the opponents of the Con¬ 
stitution in the State conventions. It was believed that 
the Constitution did not furnish adequate safeguards against 
unjust prosecutions. Because of this agitation. Congress, 
in its first session, proposed Amendments V, VI, VII, and 
VIII, which were duly ratified by the several States. 

Amendment V. No person shall be held to answer for 

1 10 Statutes at Large, 612. 


M 


i62 the national government. 

a capital^ or otherwise infamous crime^ unless on a present- 
' ment or indictment of a grand jury^ etc} 

Authorities have had difficulty in giving an exact defini¬ 
tion of an infamous crime. That given by Judge Cooley 
is the most satisfactory. He says: “But the punishment 
of the penitentiary must always be deemed infamous, and 
so must any punishment that involves the loss of civil or 
political privileges.” 

The Grand Jury. — A grand jury consists of from twelve 
to twenty-three men. They sit in secret, and no accusation 
can be made by them without the concurrence of at least 
twelve. An indictment is a written accusation of an offense 
drawn up by a prosecuting officer on behalf of the govern¬ 
ment and laid before the grand jury. “A presentment is 
an accusation by a grand jury of an offense upon their 
own observation and knowledge, or upon evidence before 
them, and without any bill of indictment laid before them 
at the suit of government.” ^ In the case of a presentment, 
the party accused cannot be held to trial until he has been 
indicted. After hearing the evidence, if the grand jury 
concludes that the accusation is not true, they write on 
the back of the bill, “ Not a true bill ” or “ Not found.” 
The accused, if held in custody, is then given his freedom, 
but he may be again indicted by another grand jury. If 
the grand jury decides that the accusation is true, they then 
write on the back of the bill, “A true bill” or “Found.” 
The indicted person must be held to answer the charges 
made against him. 

1 See Appendix A. 

2 Story, “Commentaries on the Constitution,” § 1784. 


THE NATIONAL JUDICIARY. 


163 


Rights of the Accused.—Amendment VI. In all crimi¬ 
nal prosecutions, the accused shall enjoy the right to a speedy 
atidpublic trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, etc. (see Ap¬ 
pendix A ). 

Amendment VII. In suits at common lazv, where the 
value in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved, and no fact tried by a jury 
shall be otherwise reexamined in any court of the United 
States, than according to the rules of the common law. 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, consist¬ 
ing of twelve men from the district wherein the crime was 
committed. The decision must be unanimous before a 
verdict can be rendered. The accused is given a copy of 
the indictment in which the nature of the accusation is 
clearly set forth and is granted time in which to prepare 
for his defense. Equally just and significant are the 
provisions that he shall be confronted by the witnesses 
against him, may compel the attendance of witnesses in 
his favor, and may employ counsel for his defense. In 
case he is not able to pay for his own counsel, the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the accused cannot be again 
brought to trial on the same charge. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are the names of the members of the Supreme Court at 

present ? Congressional Directory. 

2. How large are the circuit and district in which your home is 

located ? Who are the judges ? Congressional Directory. 


164 


THE NATIONAL GOVERNMENT. 


3. Under what conditions may a case be appealed from the Supreme 

Court of the State to the United States Supreme Court ? Bryce, 
American Commonwealth, I, 228-230 (232-234). 

4. How is the fact that conflicts between the authority of the Federal 

and the State Courts do not arise, accounted for ? Bryce, I, 
234-235 (238). 

5. Are the United States Courts influenced in their decisions by 

politics.? Bryce, I, 259-261 (265-267). 

6. Define treason and the punishment therefor. Constitution, Art. 

Ill, Sec. 3, Clauses i and 2. See Government in State and 
Nation, 312, 313. 

7. Describe the influence of John Marshall as Chief Justice. 

(a.) John Marshall, American Statesmen Series, Chapters X and 
XI. 

(b.) Bryce, I, 261 (267). 

(c.) Lodge, “John Marshall, Statesman,” N. Am. Rev., 172: 
191-204. 

(d.) John Marshall, Atl. Mo,, 87 : 328-341. 

8. Show how the development of our Constitution by interpretation 

has been brought about. Bryce, I, 366-375 (376-385). 

9. What has been the influence of the Supreme Court in the history 

of our Nation ? Scribner’s Mag., 33 : 273-284. 


CHAPTER XVII. 


TERRITORIES AND PUBLIC LANDS. 

The History of Territories.—The first Territories of the 
United States were formed in the region lying north of the 
Ohio River and east of the Mississippi River. Here several 
of the original States (viz., Massachusetts, Connecticut, 
New York, and Virginia) had had claims, which they 
ceded to the general government during the period of the 
Confederation. The Ordinance of 1787 was the instrument 
of government for the entire Northwest Territory until 
the adoption of the Constitution, when it was reenacted 
by the new Congress in 1791. In the years that followed, 
special acts were passed for the government of the different 
Territories that were erected where now we find the States 
of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In 
like manner, the region lying south of Kentucky was 
ceded to the United States by the Carolinas and Georgia, 
and was then formed into Territories and governed by 
Congress. Next, the Louisiana Purchase, Florida, the 
Mexican Cession, and the Oregon Territory came under the 
control of Congress; a succession of Territories was thus 
created, the most of which have subsequently been ad¬ 
mitted into the Union as States. In the government of 
these Territories, Congress has acted in accordance with 
an important power granted to it by the Constitution 

165 


THE NATIONAL GOVERNMENT. 


166 

Article IV, Section 3, Clause 3. The Congress shall have 
power to dispose of afid make all needful rules and regtUa- 
tions respecting the territory or other property belonging to 
the United States. 

The Government of Organized Territories.—Territories 
may be classified as (i) organized and (2) unorganized. 
Of the former we have at present Porto Rico, Hawaii, 
New Mexico, Arizona, and Oklahoma. 

The governing authorities in each are: (i) a governor, 
appointed by the President, with the consent of the Senate ; 
(2) administrative officers—secretary, treasurer, auditor, 
attorney-general, adjutant-general, and superintendent of 
education, all appointed in the same way ; (3) a legislature 
consisting of two houses, the members of which are elected 
by popular vote; (4) a system of courts in which the 
judges are appointed by the President and Senate. 

Relations between Territories and Congress. —A Territory 
is organized by an act of Congress which provides for 
these officers and prescribes their powers. The territorial 
legislature controls the internal affairs of the Territory; 
but its acts may be modified or entirely annulled by Con¬ 
gress. The people of a Territory have no voice in National 
affairs, but they elect a delegate to Congress, who may 
debate but not vote. 

Porto Rico. — The government of Porto Rico is different at some 
points from that of the other organized Territories. The upper house 
of its legislature is the Executive Council and consists of the adminis¬ 
trative officers of the Territory (secretary, treasurer, auditor, commis¬ 
sioner of the interior, attorney-general, and commissioner of education) 
and five other persons appointed by the President. Five of the eleven 
members of this Council must be natives of Porto Rico. The House 


TERRITORIES AND PUBLIC LANDS. 167 

of Delegates has thirty-five members, elected triennially by the voters. 
There is elected by the people a‘‘resident commissioner ” to the United 
States, who, unlike the delegates from other Territories, has no seat in 
Congress, but rather has official relations with the President. 

The Territory of Hawaii. — Hawaii was annexed to the United 
States in 1898, and its government was established by Congress in 
1900. The administrative officers in this Territory are appointed by 
the governor, instead of by the President. Voters in Hawaii must be 
able to read and write either the English or Hawaiian language. 

Unorganized Territories. — Alaska and Indian Territory are called 
unorganized territories. The former has a governor, an attorney- 
general, and a surveyor-general, together with a judiciary consisting of 
three judges. There is no legislature; Congress enacted, in 1900, a 
complete civil code for Alaska. 

Indian Territory was for many years divided into sections containing 
the governments of the “ five civilized tribes.” Each had an organized 
government, republican in form, under a written constitution. The 
legislatures, courts, and civil processes resembled very closely those of 
the State governments. These tribal governments have been superseded 
by National authority. A complete change is being brought about in 
the matter of landholding. Under the Indian governments the lands 
were owned in common, and none but Indians could reside there; but 
white people came into the Territory and obtained leases and claims to 
land, until at the present time more than three-fourths of the 400,000 
inhabitants are whites. Under a law of 1893, the Dawes Commission 
has been at work upon a plan for allotting the land of the Territory to 
the Indians.1 When this has been done, the land will be owned “ in 
severalty,” as in other parts of the country. 

Our Government in the Philippine Islands. — The Philippines con¬ 
stitute the largest part of “ our insular possessions,” and are not classed 
as Territories. The word “ colonies ” better expresses their relations to 
the United States. They are completely subject to the control of Con¬ 
gress. During the war with Spain and after it, until the 57th Congress 
passed the Philippine Civil Government Law in 1902, these islands were 
under the military government of the United States. The President, 
as the head of our military system, had supreme authority over these 

1 Of the 70,000 Indians but 12,000 or 15,000 are “full bloods.” About 
15,000 negroes, who were formerly slaves, will also receive shares of the land. 


THE NATIONAL GOVERNMENT. 


168 

possessions; and he exercised his powers through the cominanding 
general in the islands and through the Philippine Commission, a body 
of five men, of which Governor Taft was president. This commission 
was given authority to establish civil government in the pacified regions 
of the islands. 

In accordance with this policy, the government in the cities and in 
the less disturbed portions of the islands was in reality civil government, 
in which the people had some share, many months before Congress 
assumed responsibility by the passage of the Civil Government Law, 
in July, 1902. This law provides for the continuance of the Philippine 
Commission and the later establishment of a legislative body which is 
to consist of two houses. The upper branch of this Assembly will consist 
of members appointed by the United States government; the members 
of the lower house will be elected by voters who have a certain amount of 
property and can speak English or Spanish. This Assembly will not 
be established, however, until two years after a census, which this law 
provides for, has been taken. The upper house of this future Philip¬ 
pine legislature will have greater powers than the lower branch ; and, of 
course, all acts of the assembly will be subject to veto by the American 
government. 

Besides numerous other small islands the United States possesses 
Tutuila in the Samoan group, Guam, and Wake Island. These are 
governed directly by the naval authorities of the government. 

Political Relations with Cuba. — Cuba was under the control of our 
military authority between the time when our troops occupied the island, 
during the Spanish-American War, and the announcement of its inde¬ 
pendence in May, 1902. Although Cuba is now an independent repub¬ 
lic, it is considered as a “protectorate” of the United States, and is 
subject to the influence of this Nation in its dealings with other nations. 

The Admission of Territories to Statehood. — We have so 
far considered the Territories as in a condition of greater 
or less dependence upon the National government. It has 
always been the policy of the United States to consider 
statehood as the ultimate destiny of its Territories.^ That 
the power to admit States into the Union belongs exclu- 

1 Now that we have possessions containing peoples of other races, the ques¬ 
tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become 
States? 


TERRITORIES AND PUBLIC LANDS. 169 

sively to Congress is evident from the language of the 
Constitution. 

Article IV, Section 3, Clause i. New States may be ad¬ 
mitted by the Congress into this U^tion ; but no new State 
shall be formed or erected within the jurisdiction of a7ty 
other State ; nor a?iy State be formed by the junction of two 
or more States or parts of States, without the consent of the 
legislatures of the States concerned as well as of the Con¬ 
gress. 

Territories first apply for admission to the Union, and 
then either of two processes may follow: (i) Congress 
passes an enabling act authorizing the Territory to frame a 
constitution, which is submitted to Congress for approval. 
(2) Frequently, the Territory frames its constitution with¬ 
out waiting for the enabling act; with this in its hand the 
Territory then applies to Congress for admission. In either 
case, before giving its approval to the admission of a State, 
Congress must see that the constitution submitted contains 
nothing that is inconsistent with a republican form of gov¬ 
ernment. 

Our Public Land Policy. — In the Territories which lay 
between the Alleghany Mountains and the Mississippi 
River, and in all the acquisitions that have since been 
made, the unoccupied^ lands became the property of the 
United States. So the National government became the 
possessor of many millions of acres of land, and it still 
holds immense tracts in the Western States and in its dis- 

1 Exceptions to this statement must be made to cover certain lands reserved 
by some of the original States that ceded their claims to the United States; 
as, for instance, the Western Reserve in Ohio retained by Connecticut, and 
other lands in the same State retained by Virginia. 


170 THE NATIONAL GOVERNMENT. 

tant possessions. Upon the admission of a Territory as a 
State, the ownership of its public lands does not pass to 
the new State, but remains with the National government. 
The latter has followed a most liberal policy in dealing 
with its lands, (i) It has granted great amounts to the 
States. The school lands (see p. 240) which are the 
basis of the common school funds in the Western States 
were acquired in this way. (2) Many thousands of square 
miles have been granted to railroad companies as aid in 
the construction of their lines. These lands are still 
being purchased at low rates by settlers in the West. 
(3) Under various laws, settlers acquire farms from the 
government almost free of cost.^ (4) Millions of acres 
are still held by the government, subject to sale at low 
prices. 

At present the larger part of the public lands of the 
United States are arid; that is, they cannot be cultivated 
without irrigation. By a law of 1902, the proceeds re¬ 
ceived from the sale of public lands in certain Western 
States and Territories will be expended by the National 
government in the construction of irrigation works. This 
law is destined to have a great influence upon the future 
of our Western States. 

The National System of Survey. — In the thirteen original 
States there was no uniform system of land survey, but 
each tract of land was surveyed as necessity required, 
generally after settlement had been made upon it. The 
tracts were of very irregular shapes. The boundary lines, 
usually starting from some natural object, were measured 

1 See the provisions of the homestead law, “ Government in State and 
Nation,” p. 333. 


TERRITORIES AND PUBLIC LANDS. 171 

by rods or chains, running in certain directions as ascer¬ 
tained by the use of the compass. This method of survey 
is still in use in the Eastern States. According to a law of 
1785, a uniform system of “rectangular survey” was ap¬ 
plied to all lands belonging to the United States. This 
survey has preceded settlers, and has to some extent in¬ 
fluenced the method of settlement and the nature of local 



government throughout the West. The lands surveyed 
have been divided into townships six miles square. For 
the boundaries of townships the law requires the use of 
north-and-south and east-and-west lines. To secure start¬ 
ing points from which to run these lines, it was necessary 
to designate certain meridians as Principal Meridians and 
certain parallels as Base Lines. 

























1^2 


THE NATIONAL GOVERNMENT. 


Method of Land Description. —The map indicates the loca¬ 
tion of Principal Meridians and Base Lines in the States 
north of the Ohio River. Starting, then, from any Prin¬ 
cipal Meridian, the tier of townships directly east is called 
Range I; the other ranges are numbered east and west of 
that meridian. Counting also from the Base Line, the 
townships are numbered i, 2, 3, etc., both north and south. 
It thus becomes possible to locate precisely any particular 
township by a simple description: e.g.y township 5 north, 
Range VIII east of the first Principal Meridian. 


Figure i. 










1 






7 

e 









6 

.2 

§ 

'C 







Co 

recti 

5 

m 


Line 


1 






4 










s 

0 . 









£ 







IV 

Ill 

n 

RJ 

W. 

R.I 

B. 

a 


IF 


Base 

lAm 


The convergence of meridians causes the townships to 
become less than six miles from east to west as the survey 
proceeds northward from any Base Line. This necessitates 
the running of standard parallel lines, or correction lines, at 
frequent intervals, to be used as new Base Lines (Figure i). 

To still further facilitate the sale and description of 
lands, the law provides for exact methods of subdividing 





























TERRITORIES AND PUBLIC LANDS. 173 

the township into sections, one mile square, numbered as 
in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters, and quarter-quarters. 
The designations of these divisions are by abbreviations and 
fractions. (See Figure 3.) The number of acres in each 
tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands ; it greatly 


Figure 2. — Six Miles Square. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


Figure 3. — One 
Mile Square. 


NWi 

Ni NEi 

SEi 

NEi 

Si 


reduces the number of boundary disputes, it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many in¬ 
stances, the area within which the political township or 
town has been organized. This town, however, need not 
coincide with the Congressional township; it may be 
greater or smaller in area. 




















THE NATIONAL GOVERNMENT. 


174 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. For the history of land cessions, references are given in Govern¬ 

ment in State and Nation, p. 334, question i. 

2. The topics treated in this chapter are discussed in Harrison, This 

Country of Ours, pp. 270-279. 

3. Government in the Philippines, Arena, 24 : 281-292. An article by 

Governor Taft on this subject. Outlook, 7: 305-311. The 
Government of our new possessions. Outlook, 64: 353-356, 
Rev. of R’s, 24 : 697-700. 

4. The Government of Porto Rico, N. Am. Rev. 174: 159-174; Rev. 

of R’s 21: 517-519. 

5. The Government of Indian Territory, Forum, 28: 737-740; 34: 

466-480; Rev. of R’s, 23: 451-458. Garland, The Red Men’s 
Present Needs, N. Am. Rev., 174: 479-488. 

6. Irrigation in the West, Forum, 32: 573-581; 33: 366-371; N. 

Am. Rev., 174: 245-258; Outlook, 70: 907-910; R. of R’s, 25: 
75-80; 401-402. 


CHAPTER XVIII. 


AMENDMENTS TO THE CONSTITUTION. 

Methods of amending the Constitution. — We have al¬ 
ready considered the effect of amendments on some 
of the original clauses.^ It now remains to consider, 
briefly, the methods of amending the Constitution and a 
few other provisions found in the amendments. Article V 
provides for amendments as follows: — 

The Congress^ whe?iever two-thirds of both houses shall 
deem it necessary^ shall propose ame 7 idments to this Con- 
stitution^ or^ on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posmg amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of threefourths of the several 
States, or by conventions in threefourths thereof, as the one 
or the other mode of ratificatioji may be proposed by the 
Congress ; provided that no amendment which may be made 
prior to the year 07 te thousand eight hundred and eight shall 
m any manner affect the first and fotcrth clatises in the ninth 
section of the first article; and that no State, without its 
C 07 tse 7 it, shall be deprived of its eqtial suffrage in the 
Senate. 

Thus, amendments may be proposed in either of two 
1 For Amendment XI, see pp. 159-160; for Amendment XII, see p. 120. 

175 


iy6 


THE NATIONAL GOVERNMENT. 


ways : by a vote of two-thirds of both houses of Congress; 
or by a National convention called by Congress for that 
purpose on the application of two-thirds of the State 
Legislatures. The convention method has never been 
used in proposing amendments to this Constitution. 

Amendments may also be ratified in two ways: by the 
Legislatures in three-fourths of the several States; or by 
conventions in three-fourths thereof. Congress has always 
selected the first of these methods. 

Amending the Constitution Difficult. — That it is difficult 
to amend the Constitution may be seen when we consider 
that some two thousand amendments have been proposed 
in an official way. During a single session of the 57th Con¬ 
gress, fifty amendments, on twenty different phases of gov¬ 
ernment, were proposed in one or other of the houses 
of Congress. 

Amendment XIII. — The purpose of the first ten amend¬ 
ments have already been noted, on p. 114. 

The Xlllth, XIVth, and XVth amendments were the 
results of negro slavery. The Emancipation Proclamation 
granted freedom to all of the slaves in the States then in 
rebellion. There were some States, however, as Ken¬ 
tucky, Tennessee, and Missouri, where slavery might still 
exist legally. In order to be rid of this institution alto¬ 
gether, Congress proposed the Xlllth Amendment to the 
Constitution, which is as follows : — 

Neither slavery nor involuntary servitude^ except as a piin- 
ishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 


AMENDMENTS TO THE CONSTITUTION. 177 

Congress shall have power to enforce this article by ap¬ 
propriate legislation. 

It was declared a part of the Constitution, December 18, 
1865. 

Amendment XIV. — This amendment was proposed by 
Congress, June 16, 1866, as a part of the general plan 
for reconstruction. The Southern States were not to 
be regarded as a part of the Union until they should 
ratify it. The entire amendment, given in Appendix A, 
should be read. Sections i and 2, however, contain the 
most important provisions. Section i has already been 
partially discussed on p. 98, under the question, “Who 
are citizens ” Section 2 has also been considered on 
p. 53, in connection with the apportionment of repre¬ 
sentatives. 

Congress has at different times removed the disabilities 
from certain of the classes mentioned in Section 3. Finally, 
an act of June 6, 1898, removed the last disability imposed 
by this section. 

Amendment XV. — In order to secure full political rights 
for the negroes, the XVth Amendment was passed, as indi¬ 
cated on p. 51. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the U 7 iited States^ or by any 
State^ on account of race, color, or previous condition of 
servitude. 

The Congress shall have power to enforce this article by 
appropriate legislation. 


N 


178 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What facts can be given showing the difficulty of amending the 

Articles of Confederation ? Fiske, Critical Period, 218-220. 

2. Is it now considered difficult to amend the Constitution ? Bryce, 

American Commonwealth, I, 359-362 (368-371). 

3. What were the conditions under which the Emancipation Procla¬ 

mation was issued? Wilson, Division and Reunion, 226-228. 

4. Was the adoption of the XVth Amendment a wise policy? 


CHAPTER XIX. 


THE GOVERNMENTS OF THE WORLD. 

Kinds of Governments. — It is customary to classify the 
governments of the world under two heads : (i) Republics, 
(2) Monarchies. The real nature of our Republic may be 
made more apparent by a comparison of our system with 
that of other republics, and with the governments of certain 
great monarchies. 

Our Federal Republic. — It has been emphasized in the 
course of our study that the States are vital parts in the 
political system which we call the Republic of the United 
States. The States are not mere administrative divisions 
of the Nation; they do not stand in the same relation to 
the National Government that counties bear to the State. 
They do not derive their powers from the National Govern¬ 
ment; nor, on the other hand, does the latter derive its 
powers from the States. The source of power for both is 
the same — “the people themselves, as an organized body 
politic.” The United States is, then, a Federal Republic. 
It is essential to understand that, in the division of powers 
between States and Nation, the latter is sovereign over the 
matters that are placed within its jurisdiction ; but it is a 
feature of our system no less essential (though less clearly 
understood by the people) that the States are as completely 
sovereign over matters that lie within their control. 

179 


i8o 


THE NATIONAL GOVERNMENT. 


France a Centralized Republic. — In France we find an 
entirely different type of republic — not federal, but cen¬ 
tralized. France is divided into eighty-six departments, 
which correspond in some respects to our States. But in 
their relation to the central government the difference is 
very striking; for the departments are merely administra¬ 
tive divisions of the central government. They have no 
original and no sovereign powers of government. The 
chief authority in each department is a prefect, who is ap¬ 
pointed by the Ministry of France (the central executive 
body) and is responsible to it. There is a legislative body 
in each department, called the general council, but the 
powers of this body are very much restricted. 

The national government of France exercises legislative 
authority upon many subjects in the departments, and it 
administers the laws directly. Consequently, the people’s 
powers of local self-government are very much less exten¬ 
sive than those enjoyed by the people in the United States. 
There result in France much greater uniformity of legis¬ 
lation and more effective administration; while in many 
parts of the United States local self-government results 
in corrupt laws and wasteful administration. But we 
believe that the people will become educated in the use 
of political power if the responsibility for its use rests 
upon them, rather than upon some central authority. 

The Swiss Republic. — An example of a federal repub¬ 
lic is the government of Switzerland. Here the cantons 
correspond to our States, and each canton has control 
over its own local affairs, without interference from the 
federal government. The chief features of the French 


THE GOVERNMENTS OF THE WORLD. l8l 


and the Swiss governments are indicated in the accom¬ 
panying outline:^ — 


United States 

Switzerland 

France 

Congress 

Federal Assembly 

The Chambers 

Senate 

State Council 

Senate 

Two members from 

Two members from 

300 members elected 

each State 

each canton 

by an electoral col¬ 
lege in each depart¬ 
ment 

Six years 



House of Repre¬ 

National Coimcil 

Chamber of Deputies 

sentatives 



386 members elected 

147 members elected 

584 deputies elected 

by people 

by people 

by people 

Two years 

Three years 

Four years 

President 

President 

President 

Elected by electors, 

Elected by Federal 

Elected by National 

i.e. by the people 
of the States 

Assembly 

Assembly; i.e. Sen¬ 
ate and Chamber 
of Deputies in joint 
session 

Four years 

One year 

Seven years 

Cabinet 

Federal Council 

Ministry 

Nine members ap¬ 

Seven members 

Twelve members ap¬ 

pointed by Presi¬ 

elected by Federal 

pointed by Presi¬ 

dent and Senate 

Assembly 

dent 


Constitutional Monarchies. — The monarchies of Europe 
are classified as (i) constitutional and (2) absolute, Russia 
and Turkey being the only ones of the latter class. In 
constitutional monarchies the ruler holds his position by 
heredity, but there exists also a constitution, which defines 

1 Among the South American republics, Brazil, Mexico, and Argentine 
Republic are federal in nature, like the United States and Switzerland. 









i 82 


THE NATIONAL GOVERNMENT. 


the distribution of powers among the branches that com¬ 
pose the government and fixes the limits of authority vested 
in each. The British constitution is partly written, as 
found in the great historical documents of English history, 
such as Magna Charta (1215), the Petition of Right (1628), 
and the Bill of Rights (1689)^; and partly unwritten, con¬ 
sisting of precedents and customs which are recognized as 
authoritative. The constitutions of the other monarchies 
of Europe were made during the nineteenth century, and 
consequently they are younger than that of the United 
States. 

In all the constitutional monarchies we find legislative 
bodies similar to our Congress. In every case the lower 
house is elected by the voters in England, the Austrian 
Empire, Italy, and Spain, a number of the members of the 
upper house hold their position by hereditary right. In 
respect to legislation, therefore, the constitutional mon¬ 
archies are all more or less republican in principle ; that 
is, they all recognize the supreme authority of the people 
acting through their representatives. 

The Cabinet System of Government. — In the relations 
existing between their legislative and executive depart¬ 
ments, the European governments differ considerably from 
that of the United States. In our government we find, 
theoretically at least, that these departments are separated ; 
in the European governments there is a close interdepend¬ 
ence of the legislative and executive branches, through 
some form of “cabinet responsibility.” This “cabinet 
system ” of government is found in the republics as well as 

^ Compare the “ Bill of Rights ” in our Constitution; see pp. 256-257. 

2 Property qualifications for suffrage are common in European countries. 


THE GOVERNMENTS OF THE WORLD. 


183 


in the constitutional monarchies of Europe, and in the 
self-governing British possessions, such as Canada and the 
Australian colonies.^ The difference between the Con¬ 
gressional and the cabinet systems is greater in appearance 
than in reality ; for in the United States the President 
and his Cabinet exert considerable influence upon legisla¬ 
tion. 


England 

Germany 

Monarch — hereditary in the line 

Emperor—hereditary 

fixed by Parliament 

King of Prussia 

Cabinet 

Ministry 

Nineteen members ^ chosen by 

Eight ministers. Chancellor at 

the Prime Minister 

the head, appointed by the 
Emperor 

Parliament 

Parlia?ne 7 it 

Limit of term, seven years 

Term, five years 

House of Lords 

Bundesrath or General Council 

586 members, holding seats 

58 members appointed by the 

(i) by heredity, (2) by 
appointment by Crown, 

(3) hy election ^ 

German States 

House of Commons 

Reichstag or Diet of the Realm 

670 members elected by the 

397 members elected by the 

people of England, Scot¬ 
land, and Ireland 

people 


1 This system finds its best illustration in the English government, of which 
a brief description will be found in “ Government in State and Nation,” pp. 
178-179. For references, see questions 12, 15, and 16, p. 181. 

2 The number of members in the Ministries of England and Germany 
varies. 

^ Irish peers are elected for life, and Scottish peers are elected for the dura¬ 
tion of a Parliament. 








THE NATIONAL GOVERNMENT. 


184 

The Government of Russia. — “ The government of Rus¬ 
sia is an absolute hereditary monarchy. The whole legis¬ 
lative, executive, and judicial power is united in the Czar, 
whose will alone is law. There are, however, certain rules 
of government which the sovereigns of the present reign¬ 
ing house have acknowledged as binding.” ^ There are 
four great councils which assist the emperor in the govern¬ 
ment of Russia. The country is divided into administra¬ 
tive districts, which are presided over by representatives of 
the Emperor and have supreme civil and military authority. 
The people of Russia, have, however, some measure of 
local self-government. This is seen in the communes, 
where the people (t.e., the householders) hold general 
meetings for the purpose of discussing local affairs and 
electing officers. 

The Form and the Spirit of Government. — The study of 
other governments and the comparison of them with our 
own will teach us that the virtue of a government resides, 
not in its framework, but in its spirit. A government may 
be monarchical in form and republican in its practical 
workings. In England and in others of the European 
monarchies, the will of the people is the law of the land. 
On the other hand, a government may be republican in 
form, and very unrepublican in its methods of operation. 
There are cities and States in our country where one man, 
the political boss, or a group of men, the political machine, 
dictates the course of legislation and controls the adminis¬ 
tration of the law. Here we find, in reality, not republican 
governments, but despotisms or oligarchies. 


1 “ Statesman’s Year Book,” 1902, p. 976. 


THE GOVERNMENTS OF THE WORLD. 


85 


The final test of a government is found in the responsive¬ 
ness of the governing authorities to the will of the majority 
of the people. Wherever republican institutions are found, 
whether in republics or in monarchies, the people may 
rule if they will. Monarchical and aristocratic institutions 
do not in our time stand long in opposition to a determined 
public opinion ; and, on the other hand, a framework 
of republican institutions will not insure the execution of 
the popular will. This can only be secured where high- 
minded citizens are vigilant in the performance of their 
political duties. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The relations of nations are governed by the rules of international 

law, Government in State and Nation, 352-354. 

2. What progress has been made in the direction of settling disputes 

between nations by arbitration instead of by war ? Government 

in State and Nation, 354-357. Forum, 31: 197-208; Rev. of 

R’s, 21: 51-55- 


PART III. 


STATE GOVERNMENTS. 

CHAPTER XX. 

THE ORIGIN OF STATE GOVERNMENTS. 

The First States. — In the study of United States his¬ 
tory, we learn how the thirteen English colonies were 
planted, and how they became populous and finally threw 
off the authority of the mother-country. The period of 
the Revolution, when independence was secured, is also 
the period when the colonies transformed themselves into 
States. This change was not a radical one, for each State 
government was modeled closely upon the colonial govern¬ 
ment that was superseded. We must study the colonial 
governments, then, to find the origin of the systems estab¬ 
lished in the thirteen original States. These States in turn 
influenced the forms of government adopted by the new 
States as they were admitted into the Union. 

The New States of the West. — As in local, so in State 
government, the settlers of the West carried with them the 
ideas to which they had been accustomed in the sections 
from which they migrated. Doubtless, too, the people of 
the West have been much influenced in the formation 


i86 


THE ORIGIN OF STATE GOVERNMENTS. 187 

of their governments by the example of neighboring com¬ 
munities and by the model set for them by the United 
States government. 

The colonial governments had many features in common ; 
for they embodied the political traditions of the mother- 
country. There were in each colony legislative, executive, 
and judicial departments. 

Colonial Assemblies. — The most noticeable feature of 
these governments is the assembly which existed in every 
colony and was in every case elected by the people. Here 
we find the principle of representative government, which 
had been recognized in England as essential to politi¬ 
cal liberty, cherished and maintained by Englishmen in 
America. The colonial assemblies had various names. In 
Virginia the members of the House of Burgesses were 
elected from the counties; in Massachusetts deputies were 
elected to the General Court from the towns. 

Governors of the Colonies. — There was less uniformity 
in the executive departments of the colonies, for, although 
each had a governor, these officers obtained their positions 
in three different ways. At the time of the Revolution, 
the governors of eight colonies were appointed by the 
King of England; the governors of Pennsylvania, Mary¬ 
land, and Delaware were appointed by the proprietors of 
those colonies; and the governors of the two remaining 
colonies — Rhode Island and Connecticut — were elected 
by the voters in accordance with the provisions of their 
charters. Because of these differences, we classify 
colonial governments as (i) Royal, (2) Proprietary, and 
(3) Charter. In several colonies the governor was assisted 


STATE GOVERNMENTS. 


188 

by a council, and this body was sometimes the upper house 
of the colonial legislature. 

In these colonial institutions, then, we find the model for 
our present State governments, with their governors, leg¬ 
islatures, and judicial officers. Since the governors in 
most colonies represented the authority of the Crown, 
while the assemblies represented the people, disputes as 
to the authority of each were common. On the whole, 
the assemblies succeeded very well in maintaining their 
right to control the most important colonial affairs, in¬ 
cluding the raising of taxes. We find in these contests 
between royal governors and popular assemblies that 
spirit of free government which finally inspired the revolt 
against the mother-country. 

Colonial Charters. — In our early history we learn that 
many of the colonies were founded on the basis of charters, 
granted by royal authority. A charter contained a grant 
of land to an individual or to a company, and also a plan for 
the government of the colony. It was regarded as a sort 
of fundamental law to which the laws of the assembly and 
the orders of the governor must conform. If any of these 
laws or orders was considered to be in violation of the 
charter, the case was appealed to the colonial courts, or to 
the English government, and as a result, the act might 
be set aside by these authorities. Some colonies, Virginia, 
for example, lost their charters; but even then, the funda¬ 
mental ideas of their colonial governments, derived chiefly 
from these charters, were regarded as established, and 
not subject to change. So in every colony there grew up 
the idea of a government based on fixed principles, em- 


THE ORIGIN OF STATE GOVERNMENTS. 189 

bodied in charters, in written orders, or in well-established 
customs. 

Origin of State Constitutions. — In these facts we find 
the explanation of the State constitutions that were 
adopted during the period of the Revolution. When, by 
the advice of the Continental Congress, the authority of 
the English government was thrown off, it seemed necessary 
for each colony to make a re-statement of its plan of gov¬ 
ernment, of the authority vested in each department, and 
of the fundamental principles that were to be the guide of 
all political action in the new States. Connecticut and 
Rhode Island preserved their charters as constitutions; 
the former until 1818, and the latter until 1842; in each 
of the other States a constitution was adopted between the 
years 1776 and 1784. 

How Constitutions are Formed. — Since our present 
National government went into operation (1789) thirty-two 
new States have been added to the original thirteen, and 
each has adopted a constitution as the basis of government. 
A State constitution is framed by a convention which is 
elected by the voters for that purpose. In most cases, 
after the completion of its work the convention submits 
the document to the voters for acceptance or rejection. 

The Contents of a State Constitution. — The constitution 
contains (i) a Bill of Rights stating the most important 
principles that should be recognized by any free govern¬ 
ment ; (2) an outline of the frame of government with its 
three departments; and (3) miscellaneous provisions, often 
very numerous, stating those features of the State govern- 


STATE GOVERNMENTS. 


190 

ment which are regarded as of so much importance that 
they should not be changed by the ordinary process of 
enacting a law. The changing of a constitutional pro¬ 
vision by amendment must include not only its approval 
by the legislature (sometimes two legislatures in succes¬ 
sion must approve it), but also its ratification by vote of 
the people. 

SUPPLEMENTARY QUESTIONS AND REFERENCES 

1. Is your State one of the original thirteen States ? If so, how has 

its government been changed since the adoption of the first 

constitution ? 

2. If yours is one of the Western States, how has the organization 

of its government been influenced? 

3. How may your constitution be amended? 

4. On the origin of State governments, see Thwaites, The Colonies, 

58-63, 192-193, 271-277 ; Fisher, The Colonial Era, 208-211 ; 

Hart, Formation of the Union, 5-10, 13-17, 80-81 ; Channing, 

The United States of America, 26-36, 84-85 ; Sloane, French 

War and Revolution, 10-12. 

5. How are State constitutions amended? Bryce, Vol. I, 419-420 

(433-435) ; Ashley, The American Federal State, 566-571, 

6. Are State constitutions changed frequently ? Bryce, Vol. I, 440- 

442 (456-458). 

7. Why are so many miscellaneous provisions included in Bills of 

Rights? Bryce, Vol, I, 426-428 (442-444). 


CHAPTER XXL 


STATE LEGISLATURES. 

The State Capital. — The capital city of a State is 
usually the center of its political life. This is especially 
true when the capital is also the metropolis, as in the case 
of Boston, or Indianapolis. In most cases, however, the 
seat of government is located in a smaller city. Here is 
the capitol building, where the legislature meets in its reg¬ 
ular sessions to enact laws for the State. 

Legislatures are Representative Bodies. — A legislature 
is a most interesting body. In it sit the men whom the 
voters have selected to act for them in the important 
business of law-making. The legislators should therefore 
represent accurately the general opinion of the majority 
in the different sections of the State. Very often this 
theory is not realized in practice; for there are obstacles 
as we shall see, that stand in the way of exact representa¬ 
tion. 

Legislatures ^ vary greatly in size, the numbers ranging 
from fifty in Oregon to four hundred in New Hampshire. 
There are always two houses, one called the senate, and 
the other the house of representatives, or assembly. The 
latter contains the larger number of members. In some 

1 In many States the term “ General Assembly ” is used. 

191 


192 


STATE GOVERNMENTS. 


cases the terms of members of the two houses are the 
same, but more frequently the senators have longer terms 
than the representatives or assemblymen. Each house 
has a presiding officer. In the lower house a speaker is 
elected, while the lieutenant-governor is president of the 
senate in most States. There are, besides, clerks, the 
sergeant-at-arms, door-keepers, and other officers. 

Salaries and Sessions. — Members of legislatures are 
paid regular salaries; sometimes they receive a regular 
amount per day, or it may be a certain amount for each 
session or per year. In nearly every State sessions of the 
legislature occur biennially, only six States ^ having annual 
sessions. 

Legislative Districts. — Members of legislatures are 
elected from districts into which the State is divided. 
There are generally two sets of districts for the members 
of the two houses, respectively. In the formation of the 
districts, which is the work of the legislature, certain rules 
must be followed. These rules concerning apportionment 
may be prescribed in the State constitution. One such 
rule requires that the districts shall be as nearly uniform 
in population as practicable. The shifting of population in 
the course of years destroys the equality of districts in this 
respect, and so States are re-apportioned periodically; 
that is, new districts are made after a census has been 
taken. Districts are also supposed to be compact and 
convenient in shape. Sometimes the district lines are 
purposely arranged so that one political party will have the 

1 These are Massachusetts, Rhode Island, New York, New Jersey, South 
Carolina, and Georgia. 


STATE LEGISLATURES. 


193 


greatest number of votes in a majority of the districts. 
When this is done in violation of the rules governing 
apportionments, we have a “gerrymander.” This is one 
way in which unfair representation of the people in the 
legislature may come about. 

The Introduction of Bills. — All meetings organized for 
the transaction of business are governed by certain rules 
of parliamentary practice. Legislatures adopt such rules, 
and these contain detailed regulations which must be fol¬ 
lowed in the enactment of laws. Any person may propose 
the ideas for a new law, and may put them into the pre¬ 
scribed form of a “bill”; but only a member of the legis¬ 
lature may introduce the bill. This is the first step in the 
process of its passage. The bill is no sooner introduced 
than it is referred to a committee^ and this step requires 
some explanation. 

Why Committees are Necessary. — When a legislative 
body is composed of a large number of members, and 
when a great amount of business is presented for its con¬ 
sideration, it becomes necessary to divide the work among 
groups of members, called committees. This is because it 
is impossible for every member to give time and attention 
to every item of business. So in the houses of a legisla¬ 
ture we have a large number of committees. To each are 
referred bills on certain subjects. There are committees 
on the appropriation of money, on taxes, railroads, educa¬ 
tion, public buildings, and on a great many other subjects. 
Committees hold sessions which are secret, unless they call 
in outsiders to give testimony or to make arguments relat¬ 
ing to bills that are before them for consideration. After 


o 


194 


STATE GOVERNMENTS. 


considering a bill, the committee is supposed to report to 
the house its judgment in the matter. 

The Work of a Committee. — A committee has great power over 
the bills given into its charge; it may change them or substitute a new 
bill for any of them. It may fail to take any action whatever upon a 
certain bill, and so in reality determine that it shall not become a law. 
The house may, however, order the committee to report the bill. In each 
case, when it reports a bill, the committee recommends that it should 
or should not pass. In most cases this recommendation is accepted by 
the house without question; for there are so many bills that only the 
most important can receive attention during the course of the session. 
A few bills, then, are fully debated and attract public notice; the great 
majority become laws without having received much consideration ex¬ 
cept such as was given them by the committees. 

The Passage of a Bill. — When a bill has passed one 
house of a legislature, it is sent to the other. Here it 
goes through the same process as before. It may be 
amended by this house, then it must be returned to the 
house where it was introduced and be repassed in its new 
form before going farther. 

Conference Committees. — If the two houses cannot agree 
upon the details of a bill, a co7iference committee may be 
appointed, composed of members from both of them. This 
committee endeavors to arrive at a compromise which will 
be acceptable to both houses. Generally, the result reached 
by the conference committee is accepted without further 
debate, and the bill is then passed. 

Methods of Voting. — There are several methods of vot¬ 
ing upon the passage of a bill, (i) If a vote is taken “by 
acclamation,” the members answer in unison “ aye ” or 
“no,” ( 2 ) A rising vote may be called for, if the result is 


STATE LEGISLATURES. 


195 


in doubt, and then the members voting on each side must 
be counted. (3) Upon the passage of important bills, 
State constitutions provide that the vote shall be by “ yeas 
and nays ”; or a request from a certain number of mem¬ 
bers may cause the vote to be taken in this way. Then 
each member’s name is called, and he responds by giving 
his vote. This is made a matter of record in the journal 
of the house, so that the public may know the attitude of 
every member on the bill. Since the latter generally wish 
to retain the good opinion of their constituents, the taking 
of votes by this method may serve as a check upon unwise 
legislation. 

The Governor’s Approval or Veto. — Having passed both 
houses by majority votes, the bill is next sent to the gov¬ 
ernor for his signature. In all but three States (Ohio, 
North Carolina, and Rhode Island), if the governor dis¬ 
approves of the bill, he may veto it. In that case he 
returns it to the house where it originated, with his reasons 
for refusing his signature. If this house repasses the bill 
by a two-thirds majority, it is sent to the other house, and 
if it receives a similar vote here, it becomes a law without 
the governor’s signature. 

The Lobby in Legislatures. — This, in general, is the 
way in which laws are enacted. We must not think that 
bills have their origin in the common opinion of the entire 
body of legislators, or even in that of a majority of them. 
In every case a certain person is interested in putting a 
bill into form, introducing it, and persuading others to vote 
for it. Whether a bill receives any attention, therefore, 


196 


STATE GOVERNMENTS. 


depends as much upon the activity and skill of its pro¬ 
moters as it does upon the merits of the measure. By far 
the greater part of the work that is necessary to bring 
about the enactment of a law must be done outside of the 
legislative sessions, either in the committee rooms, or in 
the lobbies of the capitol, or at the hotels and other places 
where members congregate. It is the personal solicitation 
for votes that really determines whether a bill shall pass, 
rather than the public debates. Work of this nature, either 
for or against a pending bill, is called “lobbying.” “The 
lobby ” is composed of persons, not members of the legis¬ 
lature, who use their influence during a session to bring 
about the passage or the defeat of a bill. 

Why Bad Laws are Enacted. — Now, the facts above 
stated apply to the passage of both good and bad meas¬ 
ures. Some of the latter kind become laws because mem¬ 
bers have been offered inducements to vote for them. 
These inducements may be in the form of political advan¬ 
tages and influence to be used in favor of these members; 
or appointments to positions for members or their friends; 
or money itself may be paid for votes. Because so many 
corrupt means are employed to obtain votes, the term 
“ lobbyist ” has taken on a bad meaning. Laws have been 
enacted which are intended to check the evils of lobbying; 
but these are not very efficient. The only safeguard 
against bad laws will be found in the election to our legis¬ 
latures of men who cannot be bribed. 

Another source of evil legislation is the haste with 
which laws are sometimes passed. Toward the end of a 
session, especially, bills are voted upon without adequate 


STATE LEGISLATURES. 


197 


time and attention being devoted to them. As a conse¬ 
quence, bad measures slip through unnoticed. 

Again, members of legislatures may be induced to vote 
for unwise bills merely because they are favored by one 
political party or the other. When a member “votes with 
the party ” under all circumstances, he surrenders his inde¬ 
pendence and becomes a part of the “ political machine ” 
regardless of the people’s interests. 

Restrictions upon Legislatures. — Probably the most 
fruitful source of bad laws is the greed that is displayed 
by many persons who have political influence. The public 
treasury is regarded by them as legitimate plunder, and 
numberless schemes are originated for getting money 
from it without rendering to the State a fair return. Con¬ 
sequently, constitutions contain restrictions upon the en¬ 
actment of laws relating to finances. In many other ways 
State legislatures are restricted in the subjects and the 
manner of legislation. Evidently this is necessary because 
the representatives of the people sometimes betray public 
interests. It is exceedingly desirable, therefore, that citi¬ 
zens should be intelligent in political matters and watchful 
in guarding their rights. But, we repeat, the surest way 
to have good laws is to elect good men to our legislatures. 

SUPPLEMENTARY QUESTIONS. 

For the study of your State legislature: — 

1. Learn the number of members in each house ; the time of their 

election ; their terms and salaries. What officers has each 
house ? 

2. When was the last apportionment made? In what districts do 

you live ? Compare their size and population with other districts. 


198 STATE GOVERNMENTS. 

3. The Blue Book or Legislative Manual gives the list of committees 

for each house; also the exact procedure in the passage of bills. 

4. Is lobbying an evil in your legislature ? Can you find instances in 

which persons lobbied for a good law ? 

5. How does your constitution restrict the legislature as to (i) the 

manner of enacting laws ; (2) the subjects of legislation ? Why 
is each restriction necessary ? 

REFERENCES. 

1. Interesting facts concerning State legislatures are given in Bryce, 

I, 466-470 (486-490). Their faults are discussed on pp. 526-531 

(550-555)- 

2. Many important items regarding legislatures in all the States are 

tabulated in Ashley, The American Federal State, 584-585. 

3. What is meant by “ proportional representation”? Government 

in State and Nation, 13-14; and references, 18. 

4. Direct legislation (initiative and referendum), Ibid., 14-15, and 

references, 18. 

5. What abuses exist in connection with legislatures ? N. Am. Rev., 

170: 367-373. What remedies may be suggested ? Ibid., 373-383. 
Who is responsible for corrupt legislation ? Outlook, 71: 469-471. 


CHAPTER XXII. 


STATE EXECUTIVE AND ADMINISTRATIVE DEPART¬ 
MENTS. 

The Governor : His Salary and Term. — We have noticed 
in a previous chapter the necessity for having chief execu¬ 
tives in towns, villages, and cities. The State, also, has 
its head executive officer, the governor, who is elected by 
the people. A lieutenant-governor is elected at the same 
time with the governor, and he acts in the place of the 
latter when there is a vacancy. The governor resides at 
the State capital, and has offices in the capitol building. 
The State may also provide an “ executive mansion,” to be 
used as the governor’s residence. The salaries paid to 
governors vary in different States from ^1500 to $10,000 a 
year. In about one-half of the States the governor’s term 
is two years ; in the other half it is four years, except that 
in Massachusetts and Rhode Island it is one year, and in 
New Jersey three years. 

The Execution of Laws. — As the governor is the chief 
executive of the State, his most important powers are 
directed toward the enforcement of the law. Under or¬ 
dinary circumstances the violation of the laws is checked 
and punished by officers of the local governments. We 
have seen that it is the duty of sheriffs and police officers 


199 


200 


STATE GOVERNMENTS. 


to execute State laws in their respective localities. The 
same may be said of other executive and administrative 
officers in the local divisions. In some cases the neglect 
of duty by one of these officers may be the cause of his 
removal by the governor. But under ordinary circum¬ 
stances the governor has little occasion to interfere with 
the local administration of the law. In times of public 
tumult, however, when disorder or rioting prevails in any 
locality to such an extent that the local officers cannot 
control it, the governor may take charge of affairs for the 
purpose of bringing about peace and order. He does this 
with the help of the State militia, or the National Guard, 
as this is called. 

The State Militia. — Militia companies are organized in almost every 
State of the Union. Each company is composed of men who are 
banded together for purposes of military drill; they are furnished with 
arms and uniforms, and they pledge themselves to respond to a call for 
service at any time. The governor is the commander of the State 
militia, and there are officers subordinate to him. Sometimes the 
militia is called out to assist in the protection of property after some 
public disaster, such as a flood or a tornado.^ 

Legislative Powers of the Governor. — The governor’s 
powers are not exclusively executive, for he has some powers 
in connection with legislation. (i) His right to sign and veto 
bills may be mentioned under this head. (2) Then, too, he 
sends messages to the legislature recommending measures 
that he thinks wise. (3) He may call a special session of 
the legislature to consider any matter that requires imme¬ 
diate attention. Besides these direct legislative functions, 

^ We speak here of the organized militia. For another use of the term, 
see p. 106. 


EXECUTIVE DEPARTMENT. 


201 


the governor generally exerts great mfluence in connection 
with the work of the legislature. He is naturally one of 
the leaders of his party, and his followers look to him for 
the framing and the carrying out of policies that will in¬ 
crease their party’s influence. Sometimes this considera¬ 
tion, rather than the general interests of the people, seems 
to determine the governor’s attitude toward the making 
and the enforcement of laws. 

The Pardoning Power. — The governor has at least one 
function that would be classed as judicial. He may pardon 
criminals who have been sentenced to punishment by the 
courts. This may be done at any time before the expi¬ 
ration of the term of punishment. The friends of the 
prisoner petition the governor for the pardon, and he 
reviews the testimony and hears arguments in the case 
before deciding it. The withholding of the punishment for 
a time is called a reprieve ; if the punishment is changed by 
the governor to one of less severity, it is a commutation. 
In a few States the pardoning power is vested in a board 
instead of in the governor. This may be because of a 
desire to relieve the latter from the labor involved in such 
affairs; or because the pardoning power in the hands of 
governors has sometimes been abused. 

The State Administrative Officers. — The governor is 
incapable of attending to all the details involved in admin¬ 
istering State affairs; so there are many other State 
officers with whom he shares these duties. Some of these 
will now be mentioned. 

Like the clerk in the local government, the Secretary of 
State is the keeper of State records. In his office the 


202 


STATE GOVERNMENTS. 


laws and other official acts are recorded, and to them the 
official seal of the State is given. The State Treasurer 
collects and pays out money. Most states have an officer 
called auditor or comptroller, who has very important duties 
in connection with finances. It is his business to examine 
and approve or disapprove all orders for the payment of 
money; so that unjust claims may not be paid. The 
attorney-general of the State is a lawyer who gives legal 
advice to the governor and administrative officers, and 
who takes charge of important suits in which the State is 
a party. 

The administrative officers mentioned above are in most 
instances elected by the people at the same time with the 
governor and the members of the legislature. Among 
those that are now to be enumerated, the larger number 
are appointed by the governor, though in some cases they 
obtain office by election. 

Penal and Charitable Institutions. — A very important 
part of the work of a State is found in its support of penal 
and charitable institutions. Under the former fall the 
prisons and reformatories. Of the charitable institutions, 
there are asylums for the insane, schools for the deaf and 
blind, and homes for dependent children. The manage¬ 
ment of these institutions is carried on in several different 
ways, (i) There may be a separate board of trustees for 
each institution. In most cases each board exercises its 
powers independently of the others. (2) Since uniformity 
of management seems desirable, to some extent, many 
States have central boards which have power to inspect 
these institutions and more or less power to supervise their 


EXECUTIVE DEPARTMENT. 


203 


management. (3) In a few States the process of central¬ 
ization has gone a step farther: the separate boards of 
trustees have been abolished, and the entire control of all 
the institutions is given to a single board. 

The Department of Education. — The management of our 
public schools, we shall see in a later chapter, is princi¬ 
pally in the hands of local officers — the school boards of 
towns, villages, and cities. But every State has also a State 
superintendent or a board of education, who supervise to 
some extent the administration of State laws by the local 
boards. Considerable influence may be exerted by the 
State department of education in the direction of raising 
the standard of qualifications for teachers and in promot¬ 
ing the progress of education throughout the State. When 
the State supports a university and normal schools, these 
have their boards of trustees, or regents. 

The State Board of Health. — We have noticed that in 
educational matters State officers supervise the local 
administration of laws upon this subject. It is one pur¬ 
pose of this arrangement to secure uniformity; thorough¬ 
ness of administration is another object sought, for local 
officers are sometimes lax in the execution of their duties. 
These observations apply to other subjects than education, 
and among these is the subject of public health.^ There 
are State boards of health that have authority to assist 
local health officers, or to compel the latter to administer 
the laws properly. 

1 Some of the purposes of health regulations have been mentioned. See 
p.4- 


204 


STATE GOVERNMENTS. 


Boards of Examiners. —In many other ways State offi¬ 
cers are engaged in protecting the interests of the public. 
There are often boards of examiners who have authority 
to grant licenses to persons wishing to practice medicine, 
dentistry, pharmacy, or law. Only those who possess 
these licenses, and others who are graduates of professional 
schools in good standing, may engage in these pursuits; 
and the boards of examiners must enforce the laws on this 
subject. By such measures the State protects its citizens 
against persons who would impose upon them. 

The State Supervision of Industries. — Many States have 
officers or boards who administer the laws relating to 
banks, railways, and insurance. The powerful corporations 
engaged in these kinds of business require supervision 
because the interests of vast numbers of people are affected 
by their management; also because these corporations, if 
mismanaged, may work such injury to their patrons that no 
means can be found for making adequate reparation to those 
who suffer. Examples of this may be found in railway disas¬ 
ters and in the failures of banks and insurance companies. 

It is becoming quite common for States to undertake, 
through special officers, the inspection of factories, mines, 
and workshops. The State inspectors enforce numerous 
laws, some of which regulate the employment of women 
and children; others require that factories and shops shall 
have a proper amount of light and ventilation, that fire- 
escapes shall be provided, and that dangerous machinery 
shall be surrounded by guard rails. 

Game Laws. — Finally, besides guarding the health, 
financial interests, and safety of its citizens, the State gov- 


EXECUTIVE DEPARTMENT. 


205 


eminent undertakes to supervise their sports by means of 
game laws. These laws aim to protect wild animals 
against wholesale or wanton destruction, by prohibiting 
hunting except during certain seasons. Similar laws are 
enacted for the preservation, and sometimes for the propa¬ 
gation, of fish. 

The State Government and the People. — All of the va¬ 
rious activities of the State serve to remind us that the real 
source of government is in the people. These laws are 
made by their representatives, not by some external author¬ 
ity ; the people take these ways of protecting themselves 
against certain evils and inconveniences. The State offi¬ 
cers are not rulers set over the people to enforce their own 
wills, but they are the people’s servants attending to pub¬ 
lic interests which the citizens could not manage for them¬ 
selves. 

Whether the activities of the State government should 
penetrate still farther into the affairs that are now man¬ 
aged by local governments, and whether its control should 
be extended into new fields and over other enterprises, are 
questions very difficult to answer. Such tendencies are 
centralizing in nature, and their wisdom is debatable. 

SUPPLEMENTARY QUESTIONS. 

For the study of your State government: — 

1. Learn what you can of the capitol building and the executive 

mansion. 

2. What is the governor’s salary? Is there a “contingent fund” 

besides? 

3. How many militia companies are organized in the State ? The 

State laws tell the number of men and officers composing each 


206 


STATE GOVERNMENTS. 


company, battalion, and regiment. Do you know an instance 
when the militia was called into service ? 

4. Make a complete list of the administrative officers and boards. 

Which are elected, and which appointed ? Schools may obtain 
the reports of State officers, showing the workings of the various 
departments. 

5. What penal and charitable institutions are there ? How are they 

managed ? 

6. What are the State educational institutions? Under whose con¬ 

trol is each ? 

7. What are some of the laws relating to factories, and to the em¬ 

ployment of women and children? 

8. What are some of the game laws ? Do you think them wise ? 

9. Have you noticed any tendency toward the further extension of 

the State government into local affairs ? 

REFERENCES. 

1. The extension of State authority with regard to the management 

of roads. Forum, 26: 668-672. Highway Construction in 

Massachusetts, Pop. Sci. Mo., 51: 73-82. 

2. General facts concerning State executive and administrative offi¬ 

cers are given in Bryce, Vol. I, Chapter 41. 


CHAPTER XXIIL 


POLITICAL PARTIES AND ELECTIONS. 

The Political Campaign. — One of the most interesting 
features of our government is the political campaign that 
precedes an election. Not the voters alone, but all the 
people, both young and old, discuss the issues, and the 
merits of the various candidates. Mass meetings, speeches, 
and torchlight processions add to the interest of this time. 
Party spirit runs high; but the good nature and quiet that 
follow all this display of partisan feeling, when the result 
of the election is finally known, teach an impressive lesson. 
For here we see the proof that the American people be¬ 
lieve thoroughly in government by the majority. No true 
citizen wishes to see his party triumph in any other than 
a lawful way, and he believes that order and security are 
of greater importance than the temporary success of any 
candidate or political party. 

In an election, the voters choose the officers who are 
to carry on their government. In their work of making 
and executing laws, the officers are the people’s repre¬ 
sentatives. Hence we see the importance of elections; 
for the character of the government depends in no small 
degree upon the character of the men who are to con¬ 
duct it. 

Qualifications for Suffrage. — No less important is the 
question, “ Who shall have the right to vote for officers ” 

207 


208 


STATE GOVERNMENTS. 


In general, we may say that this country has universal, or 
manhood, suffrage. This means that all men who are 
twenty-one years of age, or older, may vote; though there 
are many exceptions to this rule. In most States of the 
Union a voter (or elector) must be a citizen of the United 
States; but in others, a foreigner, who has declared his 
intention to become a citizen, has the right to vote. Then, 
too, it is usual to require that the voter shall live in his 
State for a prescribed time, before he is given the right of 
suffrage.^ Another requirement is, that he shall have 
resided in the town, village, or ward where he wishes to 
vote, for a certain number of days preceding the election. 
The common qualifications for voters, then, relate to age, 
sex, citizenship, and residence. There are also certain 
classes of persons who are evidently unfitted to exercise 
the right of suffrage; these are the insane, and convicts 
who have not been pardoned. Paupers, also, are some¬ 
times denied the right to vote. 

Educational Tests for Voters. — Let us now consider 
some of the peculiar suffrage requirements fixed by the 
laws of different states.^ A number of States of the Union 
have established some kind of educational test for the 
voter; for instance, he may be required to read the Consti¬ 
tution, or to write his name. In several of the Southern 

1 Generally, this time is one year; though in many States, as in Iowa 
and Minnesota, it is six months, and in some, as in Mississippi and Louisiana, 
two years. 

2 It will be noticed that suffrage qualifications are the subject of State, not 
of National, law. Exceptions to this general statement are noted in “ Govern¬ 
ment in State and Nation,” p. 48. 


POLITICAL PARTIES AND ELECTIONS. 


209 


States this requirement results in the exclusion of large 
numbers of negroes from voting.^ 

Woman Suffrage. — The privilege of voting in school 
elections has been extended in most of the States of the 
Union to women who have the general qualifications for 
voters that were enumerated in the preceding paragraph. 
In four States, Wyoming, Idaho, Colorado, and Utah, 
women have been made electors on the same footing as 
men. 

Nominations. —The first step in the process of electing 
officers is their nomination. This process is under the 
control of political parties; so in order to understand it 
we must discuss quite fully the workings of our great 
party organizations. 

Political Parties. — A political party i^ composed of 
voters who have, in general, common beliefs, and who unite 
to secure the election of certain men to office. Now, the 
voters cannot accomplish this result unless they are organ¬ 
ized. In a large factory or in an army, there must be 
leaders and subordinate officers who direct the movements 
of the men under their authority; so in a political party 
the voters must be guided by leaders. These leaders take 
charge of party business and work for party victory. They 
are generally the members of the party committees that 
each party has in every State and in all the local divisions. 

1 The States having educational qualifications at present are Delaware, 
Virginia, North Carolina, South Carolina, Alabama, Louisiana, Maine, Massa¬ 
chusetts, Connecticut, Mississippi, Wyoming, and California. In some of these 
States persons who own a certain amount of property and those whose ances¬ 
tors voted before 1867 are exempt from the educational test. 


210 


STATE GOVERNMENTS. 


As the first step in the process of nomination, the com¬ 
mittee of the town, village, or ward calls a meeting of the 
voters who belong to their party; this meeting is called 
the caucus^ ox primary. The conduct of the caucus is in 
the hands of the committee, and in some localities they 
determine who may attend and take part. 

Why Conventions are Necessary. — In most States the 
local elections occur in the spring, and the “ general elec¬ 
tion,” when county and State officers are chosen, occurs in 
November. Now, a caucus may do one or both of two 
things. If town, village, or ward officers are to be elected, 
it may (i) nominate candidates directly. But if city 
officers are to be elected, or if the caucus precedes the 
general election, then it must (2) choose delegates to go to 
conventions where candidates are nominated. In a large 
city, for instance, the voters of a party do not assemble in 
one meeting; but the delegates chosen in the ward pri¬ 
maries meet in a convention and nominate candidates for 
the positions of mayor and other city officers. So, too, in 
the making of nominations for general elections, there are 
county conventions and conventions in the legislative dis¬ 
tricts, where candidates who run for county offices and for 
seats in the State legislature are placed in nomination. 
These conventions, like the caucuses, are managed by 
party committees. The nomination of State officers re¬ 
quires an additional step to complete the process. There 
are first caucuses, where delegates are elected to attend 
conventions in all the counties of the State.^ At these 

1 The exact process varies in different places ; the conventions may be 
held in legislative districts. 


POLITICAL PARTIES AND ELECTIONS. 


2 II 


conventions, still other delegates are elected to attend the 
State convention, which nominates candidates for State 
officers. A double convention process may also be re¬ 
quired for the nomination of candidates for Representa¬ 
tives in Congress; while in the case of a Presidential 
election, three sets of conventions may be necessary before 
the candidates are finally nominated.^ 

Party Platforms. — It is evident that our methods of 
placing candidates in nomination are quite complicated. 
This fact increases the necessity for party organization; 
there must be party leaders to manage every step that is 
taken. These party leaders are also very influential in 
securing the adoption of platforms by the conventions 
mentioned above. The platform is a statement of the 
policies for which a party stands. Platforms contain 
“planks” expressing views upon such subjects as the 
tariff, colonial expansion, and trusts. The party pledges 
itself in the platform to carry out certain policies if its 
candidates are elected. 

The Conduct of a Campaign.—Another function of party 
managers and committees is the conducting of the cam¬ 
paign. This involves a great amount of labor and the 
expenditure of considerable sums of money. Speakers 
must be secured, halls rented, and brass bands hired. The 
printing and distribution of bills, pictures, and pamphlets 
is managed upon a large scale. In the local divisions the 
party workers must keep lists of voters and solicit some of 
them personally in order to secure their votes. 


1 See p. ii8. 


212 


STATE GOVERNMENTS. 


The money used for all these purposes amounts to very 
large sums. It is collected (i) from candidates, each of 
whom is expected to make a contribution in proportion to 
the importance of the office which he seeks; (2) from 
those persons who expect appointments to office if their 
party is victorious; (3) sometimes others, not candidates, 
who are interested in the triumph of their party’s policies 
give money for campaign purposes; (4) persons and cor¬ 
porations whose business will be helped by the victory of 
one side over the other frequently make liberal contribu¬ 
tions to campaign funds. 

The Boss, the Ring, and the Machine. — It is evident that 
the principal functions of political parties, the nomina¬ 
tion of candidates and the management of campaigns, are 
in the hands of (i) party committeemen, and (2) delegates 
at conventions. These are the party leaders, and they are, 
or should be, also the representatives of the voters. The 
leaders and managers are, in many cases, completely organ¬ 
ized. That is, the local party workers recognize one of 
their number as a sort of captain or boss. He in turn may 
be one of the subordinate officers in the party organization 
of the city or the state. This may have at its head a group 
of politicians, called a ring, or it may be under the con¬ 
trol of a single man, whose influence is recognized in a city 
or throughout an entire State. He would then be called a 
boss. To the entire organization of superior and inferior 
politicians the name machine has been given. Each ad¬ 
herent of the machine works for party success; he helps 
those who are above him in authority, because he hopes to 
gain recognition and reward for his work. On the other 


POLITICAL PARTIES AND ELECTIONS. 213 

hand, he secures the allegiance of his followers, whether 
they be the subordinate party leaders or the voters, by 
arousing their enthusiasm for the party, and by promising 
success at the election if he is supported. When a thor¬ 
oughly organized machine is in control of a party, its 
chances for victory are largely increased. 

Do Party Machines represent the Voters? — The ques¬ 
tion arises. Do party machines represent the wishes of the 
voters accurately ? In many cases they do not, for several 
reasons which we shall now discuss. 

(1) It is evident that the wishes of the voters do not 
have great influence with the political machine when the 
voters do not attend the caucuses. Ordinarily caucus at¬ 
tendance includes only a small fraction of the total number 
of voters. 

(2) Even when many voters attend a primary, the 
majority may not nominate the candidates or elect the 
delegates; for they may not be so well organized as 
the minority, and in consequence their votes will be 
distributed among numerous candidates. In such a case 
the machine will win, because its votes are concentrated 
upon one candidate or one set of delegates. 

(3) When they fear defeat, unscrupulous men in charge 
of a primary may exclude voters by fraud; sometimes they 
secure the result they wish by force or intimidation. 

(4) In conventions the opportunities for defeating the 
will of the voters are many. The delegates may or may not 
be instructed to vote for certain candidates. Many times 
they violate their instructions, or vote for candidates who 
are known to be obnoxious to a, majority of the party. 


214 


STATE GOVERNMENTS. 


These things happen because delegates cannot be held 
directly responsible for their action in conventions, and 
because of the temptations to which they are subjected. 
They are often induced to trade votes ; i.e.^ they vote for a 
man on the condition that his supporters will vote for some 
other candidate whom they favor. Again, delegates are 
persuaded to vote for unworthy candidates by promises of 
reward in the form of political appointments and other 
favors. Finally, it is too often true that candidates buy 
the votes of delegates. 

In all of these ways it frequently occurs that bad men 
are nominated for office against the wishes of the party 
adherents. Consequently, when this happens in both 
parties before the same election, the voter goes to the 
polls having merely a choice between two candidates neither 
of whom is acceptable to him. It is also true that the wishes 
of a majority of the voters in a party can be most success¬ 
fully ignored when the party is controlled by a thoroughly 
organized machine. Because this has come about most 
frequently under the leadership of corrupt politicians, the 
words machine, boss, and rmg have taken on a bad meaning ; 
though there is no reason why a political machine may not 
be organized by good men, and managed solely with a view 
to representing the will of a majority of the voters. 

Election Reform Laws. — Numerous laws have been 
passed within recent years regulating such party activities 
as committee organization and caucuses. It is the purpose 
of these laws to check the evils that have just been dis¬ 
cussed. These are known as “ primary reform laws ” and 
“ corrupt practices acts.” 


POLITICAL PARTIES AND ELECTIONS. 215 

Direct Nomination. — In some States the system of 

direct nominations ” has been adopted, caucuses and 
conventions giving place to a “primary election,” in which 
the voter may cast his ballot for such persons as he wishes 
to see nominated by his party for State as well as for local 
offices.^ This system is simpler than the ordinary method, 
but it has not been tried sufficiently to determine the extent 
to which it will cure the evils of our nominating system. 

The Australian Ballot. —We have now followed the 
course of the proceedings that are preliminary to the elec¬ 
tion. This final step is conducted under the Australian 
ballot system. Its essential features are three in number: 
(i) registration, (2) the official ticket, and (3) the secret 
ballot. 

I. Registration. — Registration laws require that at cer¬ 
tain fixed dates previous to the election, the voters shall 
have their names and residences recorded by election 
officials. Registry lists containing all the names are pub¬ 
lished. Persons who wish to vote without having been 
registered, must “ swear in ” their votes, i.e.^ they must 
take oath that they are fully qualified. These require¬ 
ments prevent certain practices that once were common, 
particularly that of “repeating,” when voters went from 
one election district to another, claiming residence in each. 
In large cities, where illegal voting is hard to detect, per¬ 
sons who do not register are not allowed to swear in their 
votes. 

1 This is the legal method of making nominations in Minnesota, and in 
parts of California, New York, Ohio, Illinois, Maryland, Michigan, Missouri, 
and Oregon. 


2I6 


STATE GOVERNMENTS. 


2. The Official Ticket. — Before the adoption of the 
Australian ballot system each party printed its own ticket, 
or tickets might be printed by candidates or by other 
persons. This made it possible to commit fraud in many 
different ways. The “ stuffing ” of ballot boxes with tissue- 
paper tickets which were folded together and made to look 
like one ticket, was one of the frauds. Again, a candidate 
might print tickets of the opposing party, inserting his own 
name instead of that of his rival. Pasters, or gummed 
slips, containing one candidate’s name were used in the 
same way. Many times ignorant and careless voters were 
deceived by these devices. Under the Australian ballot 
system, the official ticket is printed at government expense, 
and it contains the names of the candidates for all parties. 
The elector merely marks the names of the candidates for 
whom he wishes to vote. 

3. The Secret Ballot. — When separate party tickets 
were used, and these might be obtained from any person, 
it was possible to bribe a voter and then to watch him 
until he was seen to cast the particular ballot given to him. 
Under the Australian ballot system, on the other hand, 
tickets are obtainable only from election officials. The 
voter marks his ballot in a booth where he is screened 
from view. He may not show his marked ballot to any 
one. By these means the direct bribery of voters has beea 
checked. 

The Official Canvass. — When the polls are closed on 
election day, the canvass of the votes begins. The ballots 
are counted in the voting booths. Reports of the number 
of votes cast are sent to city and county clerks; these 


POLITICAL PARTIES AND ELECTIONS. 


217 


officers send tabulated results to the Secretary of State. In 
each governmental division there is a board of canvassers 
which officially determines the results of the election and 
declares who are the successful candidates. To these, 
certificates of election are given, entitling them to take 
office. 

The Theory of Elections. — It is the theory of our gov¬ 
ernment that an election is one means by which the popu¬ 
lar will is expressed. In order that this may be true, every 
voter must be able to cast his ballot freely and to have it 
counted fairly. But more than this, we must remember 
that the process of nomination is an essential step in elec¬ 
tions. Consequently, it is no less necessary that the 
caucus and the convention should represent popular 
opinion within the party. The voter should have a chance 
to make his influence felt in the caucus; the delegates who 
assemble in convention should execute the will of the 
voters who choose them, when that is known; and all 
party leaders and candidates should be faithful to the 
interests of their constituents. 

Independent Voters and Parties. —When these things are 
not true, or when the practice does not conform to our 
theory of elections, voters who have independence of mind 
“scratch” their tickets, selecting the best men regardless 
of party connections. Sometimes the independents go 
farther and organize independent movements, or new 
parties, nominating candidates whom they approve. In 
these ways, lack of judgment or misbehavior on the part 
of political leaders may be punished. 


2i8 


STATE GOVERNMENTS. 


The Citizen’s Duty.—Under ordinary conditions, how¬ 
ever, the political work described in this chapter is in the 
hands of the regularly organized parties, and the citizen 
who has the public interests at heart may exert his influ¬ 
ence most effectively by participating in party activities. 

SUPPLEMENTARY QUESTIONS. 

Elections in your State: — 

1. Suffrage qualifications. Are these fixed by the constitution or by 

law ? How may they be altered 1 

2. Nominations. What party committees can you learn about ? When 

were caucuses last held in your locality, and for what purpose 7 
How many were held preceding the last general election.^ How 
many conventions were there ? What did each do ? 

3. The election. Draw a diagram showing the arrangement of the 

voting booth. What officers have charge of the election ? Ob¬ 
tain a sample ballot and show how it is marked. What does the 
law require concerning (i) registration, (2) the printing of bal¬ 
lots, (3) secrecy in voting, (4) the official canvass ? 


QUESTIONS FOR DEBATE. 

1. Should foreigners who have merely declared their intentions to 

become citizens be allowed to vote ? 

2. Should there be an educational test for voters ? 

3. Should the system of direct nomination be adopted? 

4. Is it the citizen’s duty to belong to and work with a political party? 

5. Should members of a political party always vote a straight ticket ? 


REFERENCES. 

1. A very complete discussion of our political party system is that 

found in Bryce, Vol. II, Chapters 53-75. 

2. Suffrage. Historical Changes, Ashley, The American Federal 

State, 423-426. Property Qualifications, Holt, Talks on Civics, 
371-375- Is Suffrage a Natural Right? Outlook, 68:711-712. 


POLITICAL PARTIES AND ELECTIONS. 


219 


Woman Suffrage, Outlook, 64: 573-574; 65: 430-431. Negro 
Disfranchisement, Forum, 32 : 460-465 ; Rev. of R’s, 22 : 273-275; 
25: 716-718; Outlook, 71: 163-166. N. Am. Rev., 175 : 534-543. 

3. Machine Politics and the Boss, Bryce, Vol. II, Chapters 60-64; 

Ashley, The American Federal State, 444-453 ; Atl. Mo., 86: 289- 
299 ; Rev. of R’s, 22 : 222-223 ; Outlook, 69 : 525-527. 

4. Primary Reform and Direct Nominations. Forum, 33 : 92-102. 

The Minnesota Law, Outlook, 67 : 654-655 ; Rev. of R’s, 25 : 716- 
718. 

5. The Duties of Citizenship. Century Mag., 59 : 959-960. A series of 

articles upon this topic by President Roosevelt are important: 
Century Mag., 59: 466-471; 60: 211-216,939-944. The views of 
Justice David A. Brewer are presented in his book entitled 
American Citizenship. 


CHAPTER XXIV. 


TAXATION. 

The Purpose of Taxation. — We have more than once 
commented upon the fact that officers of government are 
public servants; they are employed to conduct business 
which individual citizens could not conveniently manage 
for themselves. This results in a great saving of time and 
effort to people who are busily engaged in their private 
affairs. There is also great economy of expense in the 
employment of public officers, for the citizens can unite in 
hiring these services at much less cost than would be 
incurred by acting separately. This does not mean that 
government is always made as economical as it might be. 
But it is true that the expense involved in the protection 
of life and property and in obtaining the conveniences that 
all communities need is very small in comparison with the 
value of these things, when this expense is divided among 
the citizens. 

The Property Tax. — Taxation is the process by which 
money is raised for public uses. Numerous methods are 
employed for determining how much each person shall 
pay toward the support of the government. The theory 
everywhere employed for this purpose is that each shall 
be taxed in proportion to the amount of property he owns, 

220 


TAXATION. 


221 


for it is thought that one’s ownership of property is the 
best evidence of his ability to pay the tax.^ 

The First Step : Assessment — Necessarily, the first step 
in this kind of taxation is the process of determining how 
much property each person owns. This is the process of 
assessment. We have found the assessors, who do this 
work, included in the lists of town, village, and city offi¬ 
cers. In some States the assessors are county officers. 
The assessor makes a list of all the property owners in his 
district, placing against the name of each the description 
of his property and its value. When the work of assess¬ 
ment is completed, the total assessed value of all the prop¬ 
erty in the town, village, or city can be ascertained. 

The Levying of Taxes. — Another matter which we must 
now recall as mentioned in previous chapters, is the tax 
levy made by governing bodies, such as the town meeting 
or town board, the village board, and the city council. 
These bodies determine the amount of tax to be raised for 
the support of the local government. It is the proportion 
which this amount bears to the total assessed value that 
determines the tax rate. If in a certain locality the prop¬ 
erty is valued at $2,000,000, and the amount to be raised 
is $20,000, the rate of taxation will be i per cent. The 
tax of Mr. Jones, whose property is assessed at ;^I500, 
will therefore be i per cent of this amount, or $1$. 

1 The extent to which this theory is correct is a difficult problem which the 
student will investigate as he studies more advanced works on government and 
political economy. The ease of assessment and collection of the property tax 
is another reason for its use. 


222 


STATE GOVERNMENTS. 


Undervaluation. — We must now notice the important 
fact that although the law generally requires the assessors 
to list property at its full or actual cash value, this require¬ 
ment is seldom observed. The practice of tmdervahdng 
property is very common. Now, if the extent of undervalu¬ 
ation were the same in every case, no injury would result to 
any one. Let us suppose, for instance, that property is 
uniformly assessed at one-half of its actual value. Then 
in the illustration used above the total assessed value would 
be $1,000,000, and the rate of taxation would be 2 per cent, 
since the amount to be raised is still $20,000. Mr. Jones’s 
property would be valued at $750 and his tax would be 
$15 as before. In a single locality, therefore, uniform 
undervaluation merely results in raising the tax rate. 

Correcting Errors in Assessments. — But, unfortunately, 
the property of some persons is often undervalued more 
than that of others; this causes an unjust distribution 
of the tax burden. We have in the local governments, 
therefore, boards of review or boards of equalization, which 
have the power to revise the assessment rolls and correct 
these inequalities. A person who thinks his assessment 
unfair may appear before this board and ask to have it 
reduced. In other cases the board may see fit to raise 
the assessments. 

Taxes also levied by State and County Authorities. — The 
taxing body of the State government is the legislature, and 
in the county taxes are levied by the county board. When 
these bodies appropriate money for the expenses of gov¬ 
ernment, they must vote to raise amounts sufficient to 


TAXATION. 


223 


cover these expenses. Of course these taxes, like those 
raised for local purposes, must be paid by the property 
owners. But they are not paid separately, for it is much 
more convenient to have the citizen pay all his taxes at 
one time and to the same collector. In order that this 
may be done, each local government must be informed of 
the amount of county and State taxes it is expected to 
raise. These amounts are added to the local tax levy, and 
as a result the tax rate is increased. The additional 
money thus collected is sent in the proper amounts to the 
county and State treasuries. 

The Apportionment of State and County Taxes. — The 
most difficult part of this process is encountered when we 
attempt to determine how much each local unit shall pay 
of the county expenses, and how much of the State ex¬ 
penses should be borne by each county. Evidently, the 
rule in these cases must be the same as that for fixing each 
person’s tax, i.e.^ the tax should be in proportion to the 
value of the property found in each county and in each 
local unit. There is therefore a State board of equaliza¬ 
tion or assessment (or a State tax commission) which 
determines a proper valuation for each county and then 
apportions the State tax among the counties in proportion 
to these total valuations. In the same way some county 
authority, generally the county board, determines a proper 
valuation for each town, village, and city under its jurisdic¬ 
tion,^ and then apportions the sum of county and State 
taxes among the local units in proportion to their valua- 

1 This step is unnecessary in States where the assessors and collectors are 
county rather than local officers. 


224 


STATE GOVERNMENTS. 


tions. The county and State boards of equalization do not 
accept the total valuations as fixed by the assessors; for if 
the property in one town is assessed at three-fourths of its 
actual value, while in another it is assessed at one-half 
actual value, evidently the former will bear more than its 
just share of the county taxes. This is another way in 
which the practice of undervaluation leads to injustice. 

The Calculation of the Rate. — It is now evident that 
every taxpayer contributes to the support of local, county, 
and State governments by the single payment of his tax; 
the tax for each of these governments must be included in 
the calculation of the rate. In the illustration already 
cited, the amount to be raised in one local unit will be the 
local tax, $20,000, plus its share of the county tax, $3500, 
plus its share of the State tax, ;^i5oo, making a total of 
$2^,000. This is per cent, of the assessed value, 
;^2,ooo,ooo. The tax to be paid by Mr. Jones is $18.75. 
To this must be added the fee of the treasurer or collector 
to whom the tax is paid. If the property owner refuses or 
neglects to pay his taxes, they are declared delinquent, and 
the property may be seized and sold by the government. 

Exemption from Taxation. — Many kinds of property 
are exempt from taxation, such as that owned by the gov¬ 
ernment and that which is devoted to purely charitable 
and educational purposes. In most States church prop¬ 
erty is also exempt. It is customary for State laws to 
exempt from taxation a small amount of personal property, 
such as household furniture and clothing. 

Real Estate and Personal Property. — The term personal 
property just used includes all property that is not real 


TAXATION. 


225 


estate; the latter term covers lands and buildings merely. 
Under the former term, therefore, we include not only 
furniture, clothing, and jewelry, but the stock of goods 
owned by the merchant and the manufacturer, the horses 
and cattle of the farmer, and all wagons, carriages, watches, 
and bicycles. Personal property also includes money, and 
such evidences of wealth as notes, bonds, stocks, and 
mortgages. Now, it is a matter of common knowledge 
that the kinds of property last mentioned are frequently 
omitted from the tax roll, either because the assessors do 
not make an effort to find them or because the owner con¬ 
ceals them or denies their existence. When this is true, 
great injustice is caused, for if one citizen fails to pay his 
just taxes, the burden which he should bear falls upon his 
neighbors; they must pay more because he has, paid less. 
This is a great evil in the tax systems of most States. 
Consequently, the utmost power of government should be 
used to compel the assessment of all kinds of property 
that are not exempt. 

All persons share in the benefits of our government, but 
not all pay taxes; for the number who have no taxable 
property whatever is very large. Yet we must remember 
that the renter of real estate pays the taxes on the prop¬ 
erty he occupies when he pays the rent; for if the property 
were exempt from taxation, the rate of rent would be lower. 
The merchant, also, asks larger profits on his goods, so that 
he will be able to pay his taxes. In these ways the burden 
is shifted in some measure to those who seem to escape 
taxation. Yet it cannot be denied that the property 
tax as a rule bears more heavily upon the poor than 
upon the rich, for the former are not so able to pay 
Q 


226 


STATE GOVERNMENTS. 


the few dollars required of them as the latter are to pay 
their hundreds. 

Inheritance and Income Taxes. — For this reason, numer¬ 
ous States have enacted inheritance tax laws. Inherited 
property, if above a certain amount, is taxed; and the rate 
is made to increase as the amount of property involved 
becomes greater. A few States have income tax laws, 
intended especially to reach those persons who have con¬ 
siderable incomes but little property. 

Corporation Taxes. — Corporations, such as railroad and 
insurance companies, are sometimes exempted from local 
assessment and are taxed upon the amount of their prop¬ 
erty as estimated by a State board of assessment; or they 
may be taxed upon the amount of their annual earnings. 

Other Taxes. — A poll tax is one that is payable by all 
male persons between certain ages, except such as are 
exempt. Governments derive much revenue from lice^tses 
and from fees of various kinds. Special assessments are 
levied against property owners when a local government 
makes improvements that enhance the value of their prop¬ 
erty, as by the paving of a street. 

How the Government borrows Money. — When a govern¬ 
ment makes a large expenditure for some permanent im¬ 
provement, it is wise to spread the taxation thus made 
necessary over a long period of time. So bo 7 ids are 
issued. These are merely promises to pay the money 
that is thus borrowed at a certain time, with interest. 
The bonds are generally made to fall due at intervals of 
one or more years, so that the tax levy of a single year 


TAXATION. 


227 


may not be unduly increased. Great abuses are liable to 
occur in connection with the contraction of debts, because 
legislative bodies of all kinds are easily persuaded to bor¬ 
row excessive sums of money. State constitutions often 
contain limitations upon the power of the State and the 
local governments to borrow money, and in many instances 
a special vote of the people is required before the power 
can be exercised. We should remember that to borrow is 
merely to postpone, not to avoid taxation; and that the 
businesslike method of conducting government finances 
is to provide for each year’s expenses in the tax levy; a 
reasonable exception to this being found in the case of 
extensive public improvements, the benefits of which are 
to be spread over considerable periods of time. 

SUPPLEMENTARY QUESTIONS. 

Taxation in your State. 

1. Who make assessments of property ? Do they assess at full value ? 

2. What boards of review or equalization are there ? 

3. Who collects taxes ? What fees does he receive ? 

4. What kinds of property are exempt from taxation ? Why, in each 

case ? 

5. Does intangible personal property (notes, bonds, and mortgages) 

escape taxation ? 

6. What other kinds of taxes are employed, besides the property tax, 

to support the State and local governments ? 

7. What limitations, on the contraction of debts by governments, 

are fixed in your State constitution and laws ? 

8. What is the rate of taxation in your locality? How was [it calcu¬ 

lated ? How much were the taxes of a man whose property was 
valued at $2500? 

QUESTIONS FOR DISCUSSION. 

I. Why do people look upon taxes as a great evil? 


228 


STATE GOVERNMENTS. 


2. Who suffers injustice when property is concealed from the asses¬ 

sor ? How should this be regarded by good citizens ? 

3. Is the income tax fairer than the property tax ? 

REFERENCES. 

1. General Accounts, Bryce, Vol. I, Chapter 43 ; Ashley, The Ameri¬ 

can Federal State, 478-481; Holt, Talks on Civics, Chapter 31. 

2. Taxation Reform, Arena, 23 : 485-491; 25: 499-506. 

3. Taxation of Mortgages, Outlook, 66 : 728-729. 


CHAPTER XXV. 


JUDICIAL TRIALS. 

Courts and their Officers. — The system of courts existing 
in a State constitutes the judicial department of its govern¬ 
ment. Every court has one or more judges, and for the 
trial of most cases juries are necessary as well. The police 
officers, such as constables, sheriffs, policemen, and mar¬ 
shals, are also officers of the court. They bring into court 
those who are accused of violating the law, and they carry 
out the court’s orders during the progress of the trial and 
at the close when the questions involved in the case are 
decided. So the process of arrest, which we have learned 
of in previous chapters as an important function of police 
officers, is but the first step in the determining of justice. 

The Complaint and the Warrant. — Before a person who 
is thought to have committed a crime can be arrested, a 
formal complaint must be made and sworn to by an officer 
or by the injured party. When this is done, a warrant of 
arrest is issued by a judge or a justice of the peace. It is 
true that a suspicious person or an offender who is caught 
in the act may be temporarily detained by a police officer 
without a warrant; but he cannot be held for a longer 
time unless a complaint or accusation is made against him 
which states in precise terms the offense with which he is 

229 


230 


STATE GOVERNMENTS. 


charged. Furthermore, this accusation cannot be lightly 
made, for the law punishes severely the making of sworn 
statements of any kind which have little or no basis in 
fact. 

Why the Law is not Enforced. — May we not find here 
the reason why so many offenses go unpunished ? If 
police officers are negligent, they may fail to find sufficient 
evidence upon which to make a complaint in legal form. 
Citizens who are busily engaged in private pursuits dislike 
to search out violators of the law unless their private in¬ 
terests suffer injury. Consequently, offenses against good 
order and decency are overlooked in many instances. 
That such offenses are committed may be a matter of 
common knowledge; but the apathy of public officers and 
the indifference of citizens, and the dislike of all persons 
to be brought publicly into connection with such matters— 
any or all of these conditions may account for the lack of 
a complaint upon which a warrant of arrest may be issued. 

Holding the Prisoner for Trial. — When a supposed of¬ 
fender has been arrested, either one of two processes may 
follow, (i) If the offense charged is slight, he may be 
tried at once in a local court; that is, before the justice of 
peace in a town or a village, or the police justice of a city. 
(2) In more serious cases he must be tried in the principal 
court of the county, known as the circuit, or district, court, 
or the court of common pleas. Now, this court may not 
be in session at the time of the arrest, and some means 
must be found for judging whether there is sufficient evi¬ 
dence against the prisoner to justify holding him for trial. 
For if persons could be held for several weeks or months 


JUDICIAL TRIALS. 


231 


upon the basis of a complaint merely, great injustice might 
frequently result. So the accused is examined before a 
local court; and if there are good grounds for believing 
that he is guilty, he is held until the session of court 
occurs. He may be imprisoned, or he may be released 
on bail. His friends who sign his bail bond agree to for¬ 
feit a certain sum of money if he does not present himself 
in court at the time fixed for his trial. 

The Work of the Grand Jury. — The formal indictment 
of the prisoner is made by the gravid jicry, a body of men 
before whom the evidence is presented by the public 
prosecutor or district attorney. The grand jury, which 
is composed of citizens chosen by lot, holds its sessions 
regularly and also upon special calls issued by a judge. 
This body sits in secret and decides whether persons who 
have been arrested by the process described above shall 
submit to trial. It may take several courses of action, 
(i) A prisoner may be held for trial, i.e.^ indicted; or he 
may be released if the grand jury thinks a mistake has 
been made in his arrest and detention. (2) It is the duty 
of the grand jury to consider evidence that the prosecuting 
attorney may present to it against any one suspected of 
crime who may not have been arrested. (3) The grand 
jury may of its own accord proceed to collect evidence by 
summoning witnesses, and thus they may ferret out viola¬ 
tors of the law against whom no accusation has been made. 
We thus see the importance of the grand jury. The work 
of the prosecuting attorney is also important, because the 
enforcement of the law and the punishment of its violators 
depend to a great extent upon the energy and integrity of 


232 


STATE GOVERNMENTS. 


this officer, and also because he is the attorney who repre¬ 
sents the interests of the people in all criminal cases. 

In a few States the grand jury is dispensed with in ordinary cases. 
An accused person is given a preliminary examination before a local 
justice to determine whether he shall be held for trial. Great care 
should be taken to distinguish the preliminary processes which have 
been described from the actual trial which follows. 

The Process of Jury Trial. — For the trial of all the cases 
that are to be decided during a certain session of a court, 
there is summoned a list of petit jurors. 

The petit jurors must all be in attendance during this 
session of the court. From them a trial jury of twelve 
persons is selected for each case. Jurors are summoned 
to court by a legal writ called a venire, and witnesses are 
summoned by another writ called a snbpoe^ia. The taking 
of evidence is followed by arguments or pleas made by 
the attorneys. At their close the judge delivers a charge, 
instructing the jury concerning the law involved in the 
case. The jury then retires to deliberate in secret, and 
when it reaches an agreement renders its verdict. The 
judgment of the court, discharging the accused if he is 
found innocent, or fixing his punishment if guilty, is car¬ 
ried into execution by a police officer. 

The Rights of Accused Persons. — During the course of 
the trial the accused person is protected in all possible 
ways from injustice; the trial must be conducted upon the 
assumption that he is innocent, and his guilt must be 
proved beyond a reasonable doubt. The Bill of Rights in 
a State constitution provides in various ways against the mis¬ 
carriage of justice. The accused person is guaranteed a 


JUDICIAL TRIALS. 


233 


speedy trial before an impartial jury; he may have 
witnesses in his favor, and the government will employ 
an attorney for him, if he cannot do this for himself. 
These requirements are made not merely that justice may 
be done in each case, but also because it is better that 
many guilty persons should escape than that one who is 
innocent should be punished. Still another reason why 
the rights of accused persons are guarded is because 
there is greater assurance that the guilty will receive the 
punishment they deserve, if their rights are protected in a 
reasonable way. 

Criminal Cases. — So far we have dealt only with crimi¬ 
nal cases. Here it is considered that besides the injury 
that may have been done to a particular person, the public 
has also suffered through the violation of its peace and 
good order. Hence criminal cases are begun by a public 
officer, the prosecuting attorney; for the public, as well as 
the injured party, is plaintiff. The prisoner is the defend¬ 
ant in the case. These facts are illustrated in cases aris¬ 
ing when robbery or murder has been committed, when 
public money has been stolen, or when the public’s sense 
of decency is shocked by disturbances of the peace. 

Civil Cases. — At this point we may notice the difference 
between criminal and civil cases. In the latter the public 
is not ordinarily a party. The plaintiff sues the defendant 
for the recovery of property, or for the recovery of a right 
of which he claims to be deprived. Thus we have suits 
involving the ownership of property, the payment of 
wages, the settlement of debts, and the fulfillment of the 
many kinds of contracts. These are suits arising out of 


234 


STATE GOVERNMENTS. 


differences between individuals. The government may, 
however, sue an individual or a corporation; and, on the 
other hand, the government may be sued by them.^ These 
also are civil cases, and in the trial of them the public 
attorney is lawyer for the government. 

Jury trials are customary in civil cases; but many 
times, when merely legal questions are in dispute, the 
judge alone decides the case. The parties to a civil case 
may agree to dispense with a jury. 

Defects of the Jury System.—The question has some¬ 
times been asked whether a system under which cases 
would be heard and decided by a bench of several judges 
would not be more satisfactory than our present jury 
system. It cannot be denied that the administration of 
justice by means of a jury is often very faulty. One of 
the reasons for this is found in the difficulty of securing 
men who are thoroughly qualified to serve as jurors. 
Several difficulties may be noticed, (i) In the first place, 
a great number of intelligent men are exempt from jury 
duty. (2) Then, too, the power of preparing the lists 
from which petit jurors are drawn is often placed with 
local officers who exercise it corruptly; men are chosen 
for political reasons, or under the influence of powerful 
attorneys or the parties to important suits. (3) Again, 
the most intelligent men on the list of petit jurors may be 
excluded from the trial jury of an important case on the 
ground that they have formed an opinion of the matter to 
be tried. (4) Attorneys are allowed to challenge, either 

1 See p. 160, where Amendment XI to the United States Constitution is 
noted as an exception to this statement. 


JUDICIAL TRIALS. 


235 


with or without the statement of a cause or reason, the men 
whom they do not wish to see on the jury for a certain case. 
This serves to protect their clients against jurors who are 
prejudiced ; it is also a means of so constituting juries that 
they may be easily influenced by skillful attorneys. (5) 
Finally, justice is sometimes defeated by the downright 
bribery of j urors — a crime of the most serious nature. 

In enumerating the reasons why jurors are sometimes 
incompetent, it must be said that too often the most capa¬ 
ble men shirk jury duty ; they begrudge the sacrifice of time 
that it involves, and they give both good and poor reasons 
why they should be excused from jury service. Thus are 
made possible many of the evils that we have noticed in 
the selection of jurymen. 

Advantages of the Jury System. — In spite of the many 
faults that appear in the workings of the jury system, its 
place in our government is stable, for it is founded upon 
important principles. Some arguments in its favor may 
be mentioned: (i) This system insures publicity in the 
proceedings of trials, and publicity is always a deadly 
enemy of bad government. (2) Again, juries decide the 
facts in suits at law, while the judge decides points of law. 
In the performance of their duty, then, the jury must 
exercise that “common sense” which is at the foundation 
of all justice. The plain judgment of one’s equals, though 
it may err in some cases, is, “in the long run,” a safer 
guide than the judgment of any individual or any class. 
This idea is fundamental in a democracy. 

Cases may be Appealed. — Every State has several grades 
of courts, the lower ones being for the consideration of 


236 


STATE GOVERNMENTS. 


unimportant cases. Under certain conditions cases may 
be appealed from lower to higher courts on the claim made 
by the losing party that an error has been committed in 
the trial. At the head of the judicial system is a Supreme 
Court, or a Court of Appeals, which makes final decisions 
in cases arising under the State laws and constitution that 
have been appealed to it from the lower courts. 

SUPPLEMENTARY QUESTIONS. 

The judicial system of your State. 

1. Make a list of the State courts under the following heads : — 

Courts. I Number of Judges. | Term of Office. | Jurisdiction.^ 

2. How is the grand jury composed, and how is it chosen? When 

are its sessions held ? 

3. How are petit and trial juries selected? 

4. What fees are paid to witnesses and to jurymen ? 

5. Make a list of the rights guaranteed to accused persons by your 

constitution. 

6. What is the meaning of the following terms: perjury, change of 

venue, cross-examination, search warrant ? 

7. Obtain blank forms for complaint, warrant of arrest, search warrant, 

venire, subpoena. 

8. Compare our trial methods with those practiced in Russia. 

g. What is the citizen’s duty in connection with jury service ? 


REFERENCES. 

1. What changes have been made in our judicial systems ? Bryce, 

Vol. I, 483-489 (504-511)- 

2. What are the benefits of jury duty ? Century Mag., 59 : 802. 

1 In learning of a court’s jurisdiction, we ask — What cases may come before 
it for trial ? (See your State constitution.) 


CHAPTER XXVI. 


PUBLIC SCHOOL SYSTEMS. 

The Purpose of Public Education. — In our country, 
schools are supported at public expense because we believe 
that it is the duty of the government to furnish to every 
young citizen the opportunity for an education; and also 
because we believe no less thoroughly that it is the duty of 
every citizen to obtain an education. These principles are 
seen to be supported by the soundest reason, when we con¬ 
sider the nature of our government and the extent to which 
citizens may participate in governmental affairs; as, for 
example, in elections and in trials. These facts make it 
evident that the character of our government depends to 
a great degree upon the intelligence and virtue of the 
people. 

Now, it is not entirely necessary that in order to become 
intelligent and virtuous one should receive an education 
in a school; but it is true that these desirable qualities are 
best fostered among the mass of citizens where public edu¬ 
cation is most available and most earnestly sought. In a 
measure, therefore, we provide free public education as a 
means of preserving our political system in its purity ; it is 
no less true that the soundness of all social and industrial 
life depends upon the intelligence of the people. The 

237 


238 


STATE GOVERNMENTS. 


importance which we attach to education is indicated not 
only by the fact that the public schools are free, but also 
by the existence of laws in the States compelling the 
attendance of all children at the schools. 

The District and Township Systems. — Public school 
systems are governed largely by local boards and officers. 
There are three types of school organization, according as 
the district, the township, or the county is made the unit 
of school government. School districts are generally divi¬ 
sions of towns, and in rural communities they frequently 
include within their limits only a small number of families. 
Where these conditions prevail, the school that is main¬ 
tained will, in most cases, be poorly equipped, and the 
teacher will be paid a low salary; as a consequence, the 
grade of instruction will be poor. For these reasons, it is 
urged that the township should be the unit for school 
government; then fewer schools will be maintained, and 
these will be of higher grade. In many instances it has 
been found a saving of expense to abolish small rural 
schools and to transport pupils to central township schools. 

Local School Officers.—The local board of trustees or 
commissioners having charge of school affairs is composed 
of officers who are generally elected by the people. In 
cities, school boards are sometimes appointed. These 
officers build and maintain schoolhouses, employ teachers, 
purchase supplies, and have general oversight of the finan¬ 
cial side of school government. 

The Selection of Teachers. — School government has its 
professional as well as its business side, and the former is 


PUBLIC SCHOOL SYSTEMS. 


239 


of great importance. In fact, the success of our schools, 
from an educational standpoint, depends much more upon 
the skill of the teachers than upon the equipment that may 
be supplied in the form of buildings, libraries, and appa¬ 
ratus. Consequently, the selection of teachers should be 
made with a view to their qualifications, and not, as is so 
frequently the case, on the grounds of politics or personal 
friendship. When school boards select teachers, the latter 
influence sometimes determines their choice. In cities, 
one of the important duties of superintendents should be 
the selection of teachers purely on their merits. 

One method of determining the qualifications of teachers 
is by examination in certain branches that are prescribed 
by law. Those who are successful in passing these exam¬ 
inations obtain certificates entitling them to teach. The 
examining authorities are city and county superintendents, 
and there is often a State board of examiners; or the State 
superintendent or the board of education may perform this 
function. 

Supervisory Officers, Local and State. — The work of the 
schools where even the best teachers are employed may be 
made more profitable by skillful supervision. All cities 
have school superintendents, and county superintendents 
perform similar duties in the counties of most States. The 
State superintendents and boards of education exercise 
very general powers of this nature, but their powers are, 
in most cases, chiefly advisory. 

The Financial Support of Common Schools. — More than 
;^200,000,000 are expended annually for the support of our 
public school systems. This money is derived from several 


240 


STATE GOVERNMENTS. 


sources : (i) The greatest part is raised by taxation in the 
local units, towns, villages, and cities. These taxes may 
be voted by school boards, or by the people in those places 
where school district meetings are held. 

(2) Some State governments raise taxes for the support 
of schools and then redistribute the money among the 
various local units in proportion to the number of children 
of school age. In this way poorer communities receive 
aid for their schools from taxes that are raised by the 
richer communities. 

(3) Another source of school money is the school fund, 
which is found particularly in the Western States. A fund 
is a sum of money which is set apart for a particular pur¬ 
pose. School funds in the Western States originate in the 
sale of lands which were granted to the States by the 
National government for this purpose. The States ad¬ 
mitted into the Union before 1848 received section 16 (one 
square mile) of each township; ^ since 1848, new States 
have received both sections 16 and 36 in every township. 
These immense tracts of land have been sold by the States 
to settlers and investors, and the proceeds constitute the 
school funds. These funds are not expended, but are loaned 
or invested in such a way as to bear interest, and the income 
derived in this way is distributed annually among the com¬ 
mon schools. Unfortunately, school land was sometimes 
carelessly handled by the State authorities, and much of it 
was sold very cheap ; so the school funds are not large, 
and the incomes derived from them do not go far toward 
supporting the public schools. 


^ See diagrams and explanation, pp. 170-174. 


PUBLIC SCHOOL SYSTEMS. 


241 


Illiteracy. — The great sum expended for the common schools is not 
sufficient to reduce the percentage of illiteracy in the United States to 
so low a point as exists in several European countries; for in this 
country fewer persons can read and write, in proportion to the total 
population, than in Switzerland, Scotland, Holland, England, and 
France.! 

Secondary Schools. —We have so far considered the sys¬ 
tems of elementary schools in which the greatest number 
of American citizens secure their education. Secondary 
or high schools are also a part of our educational systems, 
and these are usually under the control of the same au¬ 
thorities as the elementary schools. Technical or trade 
schools are becoming more common, especially in cities. 

Higher Education. — State universities are found in numer¬ 
ous states ; these are supported by taxation and by the pro¬ 
ceeds derived from the sale of lands that have been donated 
to the States for this purpose by the United States gov¬ 
ernment. The National government also makes direct 
appropriations of money to the States that maintain agri¬ 
cultural and technical colleges. Professional schools, such 
as those for the training of lawyers and doctors, are main¬ 
tained in connection with some State universities. It is 
the policy of many States to encourage the improvement 
of the common schools by the support of normal schools, 
in which teachers are educated and receive professional 
training. 

SUPPLEMENTARY QUESTIONS. 

The school system of your State. 

I. In the rural districts, is the unit of school government the district, 
the township, or the county? Which plan do you consider the 
best ? 

! See statistics of illiteracy in “ Government in State and Nation,” p. 92. 


242 


STATE GOVERNMENTS. 


2. Is there a county superintendent ? If so, what are his powers and 

duties ? Is he appointed or elected ? 

3. What is the authority governing the school systems of cities ? 

How do the officers get their positions ? What are their 
powers ? 

4. How is the State department of education constituted ? How 

much real authority is lodged here? Should this be increased? 

5. In how many ways may teachers’ certificates be obtained ? What 

grades of certificates are there ? 

6. The reports issued by the State department of education give the 

amounts of money raised by local and by State taxation for school 
purposes. Here, also, may be learned facts about the school 
fund, if one exists. 


REFERENCES. 

1. Ashley, The American Federal State, 371-375. Holt, Talks on 

Civics, Chapter 28. 

2. Politics and Public Schools, Atl. Mo., 87 : 433-447. 

3. Consolidation of Schools, Forum, 33 : 103-108. 


APPENDIX A 


CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and a 
House of Representatives. 

Sect. II. i. The House of Representatives shall be composed of 
members chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 


243 



244 


APPENDIX A. 


term of years, and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one representa¬ 
tive ; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five. New 
York six. New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten. North Carolina five. South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. i. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the legislature thereof, for 
six years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally, as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year; and if 
vacancies happen by resignation or otherwise, during the recess of the 
legislature of any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 


CONSTITUTION OF THE UNITED STATES. 245 

5. The Senate shall choose their other officers, and also a President 
pro tempore, in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no person shall be convicted without the concur¬ 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States : but the party con¬ 
victed shall nevertheless be liable and subject to indictment, trial, judg¬ 
ment and punishment, according to law. 

Sect. IV. i. The times, places and manner of holding elections 
for Senators and Representatives shall be prescribed in each State by 
the legislature thereof ; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sect. V. i. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business ; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 


246 


APPENDIX A. 


consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sect. VI. i. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid out 
of the treasury of the United States. They shall in all cases except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

Sect. VII. i. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but if 
not he shall return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If after such reconsideration two thirds 
of that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be recon¬ 
sidered, and, if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 


CONSTITUTION OF THE UNITED STATES. 247 


question of adjournment) shall be presented to the President of the 
United States ; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sect. VIH. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the militia, 


248 


APPENDIX A. 


and for governing such part of them as may be employed in the service 
of the United States, reserving to the States respectively the appoint¬ 
ment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority over 
all places purchased by the consent of the legislature of the State, in 
wliich the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings; — and 

18. To make all laws which shall be necessary and proper for carry¬ 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the government of the United States, or in any 
department or office thereof. 

Sect. IX. i. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hundred 
and eight; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor¬ 
tion to the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another: nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States : and no 


CONSTITUTION OF THE UNITED STATES. 249 


person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign state. 

Sect. X. i. No State shall enter into any treaty, alliance, or con¬ 
federation ; grant letters of marque and reprisal; coin money; emit bills 
of credit; make anything but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im¬ 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws: and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II. 

Section I. i. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Con¬ 
gress ; but no Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the seat of government of 
the United States, directed to the President of the Senate. The Presi- 


250 


APPENDIX A. 


dent of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
President, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the said 
house shall in like manner choose the President. But in choosing the 
President the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of 
a member or members from two thirds of the States, and a majority 
of all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna¬ 
tion, or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President shall be 
elected. 

6. The President shall, at stated times, receive for his services, a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not re- 


CONSTITUTION OF THE UNITED STATES. 251 


ceive within that period any other emolument from the United States,' 
or any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : — do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United States, 
and will to the best of my ability, preserve, protect and defend the 
Constitution of the United States.” 

Sect. II. i. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im¬ 
peachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law: but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress infor¬ 
mation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States, 


252 


APPENDIX A. 


Sect. IV. The President, Vice-President and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and misde¬ 
meanors. 


ARTICLE III. 

Section I. The judicial power of the United States, shall be vested 
in one Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be¬ 
havior, and shall, at stated times, receive for their services, a compen¬ 
sation, which shall not be diminished during their continuance in office. 

Sect. II. i. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their authority ; 

— to all cases affecting ambassadors, other public ministers and con¬ 
suls ; — to all cases of admiralty jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between 
two or more States; — between a State and citizens of another State ; 

— between citizens of different States;—between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men¬ 
tioned, the Supreme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Sect. III. i. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall b^ cppvicted of treason unless 


CONSTITUTION OF THE UNITED STATES. 253 


on the testimony of two witnesses to the same overt act, or on confes¬ 
sion in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 


ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Sect. II. i. The citizens of each State shall be entitled to all priv¬ 
ileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg¬ 
ulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. III. i. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the junc¬ 
tion of two or more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belong¬ 
ing to the United States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United States, or of any 
particular State. 

Sect. IV. The United States shall guarantee to every State in this 


254 


APPENDIX A. 


Union a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of the exec¬ 
utive (when the legislature cannot be convened) against domestic vio¬ 
lence. 


ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend¬ 
ments which may be made prior to the year one thousand eight hun¬ 
dred and eight shall in any manner affect the first and fourth clauses in 
the ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary not¬ 
withstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judi¬ 
cial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 


CONSTITUTION OF THE UNITED STATES. 255 


ARTICLE VII. 

The ratification of the conventions of nine States, shall be sufficient 
for the establishment of this Constitution between the States so rati¬ 
fying the same. 

Done in Convention by the unanimous consent of the States present, 
the seventeenth day of September in the year of our Lord one thou¬ 
sand seven hundred and eighty-seven and of the Independence of 
the United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 


[Signed by] 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
Wm. Sami. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil: Livingston, 
David Brearley, 

Wm : Paterson, 

Jona: Dayton. 


G“ Washington, 

Presidt and Deputy from Virginia 
Virginia. 


Pennsylvania. 
B Franklin, 

Thomas Mifflin, 
Robt. Morris, 

Geo. Clymer, 

Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware. 
Geo: Read, 
Gunning Bedford, 
Jun, 

John Dickinson, 
Richard Bassett, 
Jaco: Broom, 


John Blair, 

James Madison, Jr. 

North Carolina. 
Wm. Blount, 

Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 

J. Rutledge, 

Charles Cotesworth 
Pinckney. 

Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 

Abr Baldwin. 


Maryland. 

James McHenry, 

Dan of St. Thos. 

Jenifer, 

Danl Carroll. 

Attest: William Jackson, Secretary, 


256 


APPENDIX A. 


Articles in Addition to and Amendment of the Constitution 

OF THE United States of America, Proposed by Congress, 

AND Ratified by the Legislatures of the Several States, 

PURSUANT TO THE FiFTH ARTICLE OF THE ORIGINAL CONSTITU¬ 
TION. 

Article I. — Congress shall make no law respecting an establish¬ 
ment of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble and to petition the government for a redress of 
grievances. 

Article II.— A well-regulated militia, being necessary to the se¬ 
curity of a free State, the right of the people to keep and bear arms, 
shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, but in 
a manner to be prescribed by law. 

Article IV. —The right of the people to be secure in their per¬ 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of a 
grand jury except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb; nor shall be compelled in any criminal case to be a wit¬ 
ness against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use 
without just compensation. 

Article VI. — In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with the 


CONSTITUTION OF THE UNITED STATES. 


25; 


witnesses against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for his defense. 

Article VII. —In suits at common law, where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise reexamined in 
any court of the United States, than according to the rules of the com¬ 
mon law. 

Article VIII. — Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Article IX.—The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained by 
the people. 

Article X. — The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or prose¬ 
cuted against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII. — i. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President, and of all per¬ 
sons voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the 
seat of government of the United States, directed to the President of 
the Senate; —the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and the 
votes shall then be counted ; — the person having the greatest number 
of votes for President shall be the President, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 


s 


258 


APPENDIX A. 


President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional disability 
of the President. — The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

Article XIII.—Section i. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV.—Section i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law; nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num¬ 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of Electors for President 
and Vice-President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 


CONSTITUTION OF THE UNITED STATES. 259 

legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age and citizens of the United States, 
or in any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or as 
an officer of the United States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

Article XV.—Section i. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or 
any State on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 


APPENDIX B 


ARTICLES OF CONFEDERATION 

Articles of Confederatio 7 i and Perpetual U 7 iion betwee 7 i the States of 
New Ha 77 tpshire^ Massachusetts Bay, Rhode Isla 7 id a 7 id Providence 
Plant at io 7 is, Co 7 i 7 iecticut, New York, New Jersey, Pe 7 msylva 7 iia, 
Delaware, Maryla 7 id, Virgi 7 iia, North Carolma, South Carolina, 
and Georgia. 

Article I. — The style of this Confederacy shall be, “The United 
States of America.” 

Art. II. — Each State retains its sovereignty, freedom, and inde¬ 
pendence, and every power, jurisdiction, and right, which is not by this 
Confederation expressly delegated to the United States in Congress 
assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States; and the people of 
each State shall have free ingress and egress to and from any other 
State, and shall enjoy therein all the privileges of trade and commerce 
subject to the same duties, impositions, and restrictions as the inhabit¬ 
ants thereof respectively; provided that such restrictions shall not 


260 


ARTICLES OF CONFEDERATION. 


261 


extend so far as to prevent the removal of property imported into any 
State to any other State of which the owner is an inhabitant; provided 
also, that no imposition, duties, or restriction shall be laid by any State 
on the property of the United States or either of them. If any person 
guilty of, or charged with, treason, felony, or other high misdemeanor 
in any State shall flee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power of 
the States from which he fled, be delivered up and removed to the State 
having jurisdiction of his offense. Full faith and credit shall be given 
in each of these States to the records, acts, and judicial proceedings of 
the courts and magistrates of every other State. 

Art. V. — For the more convenient management of the general in¬ 
terests of the United States, delegates shall be annually appointed in 
such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead for the 
remainder of the year. No State shall be represented in Congress by 
less than two, nor by more than seven members; and no person shall 
be capable of being a delegate for more than three years in any term 
of six years; nor shall any person, being a delegate, be capable of hold¬ 
ing any office under the United States for which he, or another for his 
benefit, receives any salary, fees, or emolument of any kind. Each 
State shall maintain its own delegates in any meeting of the States and 
while they act as members of the Committee of the States. In deter¬ 
mining questions in the United States in Congress assembled, each 
State shall have one vote. Freedom of speech and debate in Congress 
shall not be impeached or questioned in any court or place out of Con¬ 
gress ; and the members of Congress shall be protected in their persons 
from arrest and imprisonment during the time of their going to and 
from, and attendance on. Congress, except for treason, felony, or breach 
of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state; nor shall any person holding any office of 


262 


APPENDIX B. 


profit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title of any kind whatever from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem¬ 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Con¬ 
gress assembled, with any king, prince, or state, in pursuance of any 
treaties already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States, in Congress assembled, for the defense of such State or its 
trade, nor shall any body of forces be kept up by any State in time of 
peace, except such number only as, in the judgment of the United 
States, in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defense of such State; but every State shall 
always keep up a well-regulated and disciplined militia, sufficiently 
armed and accoutered, and shall provide and constantly have ready for 
use in public stores a due number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay till the United States, in Con¬ 
gress assembled, can be consulted ; nor shall any State grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Congress 
assembled, and then only against the kingdom or state, and the subjects 
thereof, against which war has been so declared, and under such regula¬ 
tions as shall be established by the United States, in Congress assem¬ 
bled, unless such State be infested by pirates, in which case vessels of 
war may be fitted put for that occasion, and kept so long as the danger 


ARTICLES OF CONFEDERATION. 263 

shall continue, or until the United States, in Congress assembled, shall 
determine otherwise. 

Art. VII. —When land forces are raised by any State for the com¬ 
mon defense, all officers of or under the rank of Colonel shall be 
appointed by the Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such State shall direct, and 
all vacancies shall be filled up by the State which first made the 
appointment. 

Art. VIII. — All charges of war, and all other expenses that shall 
be incurred for the common defense, or general welfare, and allowed by 
the United States, in Congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several States in pro¬ 
portion to the value of all land within each State, granted to, or sur¬ 
veyed for, any person, as such land and the buildings and improvements 
thereon shall be estimated, according to such mode as the United States, 
in Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the Legislatures of the several States, within 
the time agreed upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth Article; of sending and 
receiving ambassadors; entering into treaties and alliances, provided 
that no treaty of commerce shall be made, whereby the legislative power 
of the respective States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatever; of establishing rules for deciding, in all cases, 
what captures on land and water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the United States 
shall be divided or appropriated; of granting letters of marque and 
reprisal in times of peace; appointing courts for the trial of piracies 
and felonies committed on the high seas; and establishing courts for 
receiving and determining finally appeals in all cases of captures; pro¬ 
vided that no member of Congress shall be appointed a judge of any of 
the said courts. 


264 


APPENDIX B. 


The United States, in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; which authority shall always 
be exercised in the manner following: Whenever the legislative or 
executive authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the matter in ques¬ 
tion, and praying for a hearing, notice thereof shall be given by order 
of Congress to the legislative or executive authority of the other State 
in controversy, and a day assigned for the appearance of the parties by 
their lawful agents, who shall then be directed to appoint, by joint con¬ 
sent, commissioners or judges to constitute a court for hearing and 
determining the matter in question ; but if they cannot agree. Congress 
shall name three persons out of each of the United States, and from the 
list of such persons each party shall alternately strike out one, the peti¬ 
tioners beginning, until the number shall be reduced to thirteen; and 
from that number not less than seven nor more than nine names, as 
Congress shall direct, shall, in the presence of Congress, be drawn out 
by lot; and the persons whose names shall be so drawn, or any five of 
them, shall be commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination; and if either party shall 
neglect to attend at the day appointed, without showing reasons which 
Congress shall judge sufficient, or being present, shall refuse to strike, 
the Congress shall proceed to nominate three persons out of each State, 
and the secretary of Congress shall strike in behalf of such party absent 
or refusing; and the judgment and sentence of the court, to be ap¬ 
pointed in the manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall never¬ 
theless proceed to pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence and other 
proceedings being in either case transmitted to Congress, and lodged 
among the acts of Congress for the security of the parties concerned; 
provided, that every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges of the supreme 


ARTICLES OF CONFEDERATION. 


265 


or superior court of the State where the cause shall be tried, “ well and 
truly to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection, or hope of reward.” 
Provided, also, that no State shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are ad¬ 
justed, the said grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of jurisdiction, shall, 
on the petition of either party to the Congress of the United States, 
be finally determined, as near as may be, in the same manner as is 
before prescribed for deciding disputes respecting territorial jurisdiction 
between different States. 

The United States, in Congress assembled, shall also have the sole 
and exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States ; fixing 
the standard of weights and measures throughout the United States; 
regulating the trade and managing all affairs with the Indians, not 
members of any of the States; provided that the legislative right of 
any State, within its own limits, be not infringed or violated ; establish¬ 
ing and regulating post offices from one State to another, throughout 
all the United States, and exacting such postage on the papers passing 
through the same as may be requisite to defray the expenses of the said 
office; appointing all officers of the land forces in the service of the 
United States, excepting regimental officers; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the ser¬ 
vice of the United States; making rules for the government and reg¬ 
ulation of the said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomi¬ 
nated “A Committee of the States,” and to consist of one delegate 
from each State, and to appoint such other committees and civil offi¬ 
cers as may be necessary for managing the general affairs of the 
United States under their direction; to appoint one of their number to 
preside; provided that no person be allowed to serve in the office of 


266 


APPENDIX B. 


president more than one year in any term of three years; to ascertain 
the necessary sums of money to be raised for the service of the United 
States, and to appropriate and apply the same for defraying the public 
expenses; to borrow money or emit bills on the credit of the United 
States, transmitting every half year to the respective States an account 
of the sums of money so borrowed or emitted; to build and equip a 
navy; to agree upon the number of land forces, and to make requisi¬ 
tions from each State for its quota, in proportion to the number of white 
inhabitants in such State, which requisition shall be binding; and 
thereupon the Legislature of each State shall appoint the regimental 
officers, raise the men, and clothe, arm, and equip them in a soldier¬ 
like manner, at the expense of the United States; and the officers and 
men so clothed, armed, and equipped shall march to the place appointed, 
and within the time agreed on by the United States, in Congress as¬ 
sembled; but if the United States, in Congress assembled, shall, on 
consideration of circumstances, judge proper that any State should not 
raise men, or should raise a smaller number than its quota, and that 
any other State should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, armed, and 
equipped in the same manner as the quota of such State, unless the 
Legislature of such State shall judge that such extra number can not 
be safely spared out of the same, in which case they shall raise, officer, 
clothe, arm, and equip as many of such extra number as they judge 
can be safely spared, and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the time agreed 
on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 
defense and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro¬ 
priate money, nor agree upon the number of vessels of war to be built 
or purchased, or the number of land or sea forces to be raised, nor ap¬ 
point a commander in chief of the army or navy, unless nine States 
assent to the same, nor shall a question on any other point, except for 


ARTICLES OF CONFEDERATION. 267 

adjourning from day to day, be determined, unless by the votes of a 
majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances, or 
military operations as in their judgment require secrecy; and the yeas 
and nays of the delegates of each State, on any question, shall be en¬ 
tered on the journal when it is desired by any delegate; and the dele¬ 
gates of a State, or any of them, at his or their request, shall be fur¬ 
nished with a transcript of the said journal except such parts as are 
above excepted, to lay before the Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States, in Congress assembled, by the con¬ 
sent of nine States, shall, from time to time, think expedient to vest 
them with; provided that no power be delegated to the said Commit¬ 
tee, for the exercise of which, by the Articles of Confederation, the 
voice of nine States in the Congress of the United States assembled is 
requisite. 

Art. XL — Canada, acceding to this Confederation, and joining in 
the measures of the United States shall be admitted into, and entitled 
to all the advantages of this Union; but no other colony shall be 
admitted into the same, unless such admission be agreed to by nine 
States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present Confederation, shall 
be deemed and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States and the public 
faith are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this 
Confederation are submitted to them. And the Articles of this Con¬ 
federation shall be inviolably observed by every State, and the Union 


268 


APPENDIX B. 


shall be perpetual; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a Congress 
of the United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it hath pleased the great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in Con¬ 
gress to approve of, and to authorize us to ratify, the said Articles of 
Confederation and perpetual Union, know ye, that we, the undersigned 
delegates, by virtue of the power and authority to us given for that 
purpose, do, by these presents, in the name and in behalf of our re¬ 
spective constituents, fully and entirely ratify and confirm each and 
every of the said Articles of Confederation and perpetual Union, and 
all and singular the matters and things therein contained. And we do 
further solemnly plight and engage the faith of our respective constitu¬ 
ents, that they shall abide by the determinations of the United States, 
in Congress assembled, on all questions which by the said Confeder¬ 
ation are submitted to them ; and that the Articles thereof shall be 
inviolably observed by the States we respectively represent, and that 
the Union shall be perpetual. In witness whereof, we have hereunto 
set our hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of our Lord 1778, and 
in the third year of the Independence of America. 


INDEX 


Administrative departments, city, 20- 

25- 

Administrative officers. State, 201. 
Agriculture, department of, 150-151. 
Alaska, 167. 

Albany Congress, 33. 

Amendments to the Constitution, 114, 
chap. 18. 

Annapolis Convention, 40. 

Annapolis Naval Academy, 147. 
Appeals, 235. 

Appointment, President’s power of, 
133 - 137 - 

Apportionment of representatives, 53- 
56. 

Appropriations by Congress, 88. 

Army of the United States, 104-105. 
Arrest, 229. 

Articles of Confederation, 37, Appen¬ 
dix B. 

Assessment, 221. 

Australian ballot system, 215-216. 

Ballot, 215-216. 

Bank, see National Banks. 

Bankruptcy laws, 99-icx). 

Bills in Congress, chap. 10. 

Bonds, National, 88-89. 

Boss, 212. 

Cabinet, chap. 16. 

Cabinet system of government, 182- 
183. 

Canvass, 216. 

Capital, location of, 107. 

Caucus, 210. 

Census of the United States, 55. 
Charities, 23-24, 202. 

Circuit Courts of the United States, 157. 


Citizenship, 98-99. 

City government, chap. 4. 

Civil Service Reform, 136, 139, 140. 

Coins and coinage, 93-94. 

Colonial governments, 32, 187-189. 

Colonies made States, 144. 

Committee system in State legislatures, 
193-194; in Congress, chap. 9. 

Committee on Rules, 75-76. 

Committees of Correspondence, 35. 

Commerce, departments of, 151. 

Commerce, power of Congress over, 
89-92. 

Confederation, Articles of, see Articles 
of Confederation. 

Conference committees, 79. 

Congress, Continental, 35-37; under 
the Constitution, chap. 7; procedure 
in, chap. 8; sessions of, 62. 

Constitution of U. S., Appendix A; 
amendments of, chap. 18; origin of, 
47; ratification, 44-45. 

Constitutional convention (1787), 
chap. 6; delegates to, 40; compro¬ 
mises, 42-43. 

Constitutions (State), 189. 

Consuls, 143. 

Conventions, National, 117. 

Conventions, political, 210. 

Copyright, 103. 

County government, chap. 4. 

County type of local government, 15-16. 

Criminal cases, 233. 

Cuba, 168. 

Debts of U. S., 88-89. 

Delinquent taxes, 224. 

Diplomatic bureaus, 142. 

Direct nomination, 214. 


269 



270 


INDEX 


District of Columbia, 107. 

District courts of the U. S., 157. 
Duties, customs, 83-85. 

Educational systems, chap. 26, 203. 
Elections, chap. 23. 

Electoral Commission, 123. 

Electors, Presidential, 116, 119-122. 
England, 182-183. 

Equalization of taxes, 222. 

Executive departments, chap. 16. 
Exemptions from taxation, 224. 

Ex post facto laws, 112. 

Federal Republics, 179. 

Finances, National, 83-89. 

P'rance, 180. 

Franchises, 26. 

Free coinage, 94. 

Game laws, 204. 

Gerrymander, 52. 

Gold certificates, 95. 

Governors of States, 195, 199-201. 
Grand jury, 162, 231. 

Habeas Corpus, ill. 

Hawaii, 167. 

Health, public, 4, 22-23, 203. 
Homestead law, 170. 

Illiteracy, 241. 

Immigration law, 153. 

Impeachment, 66-67. 

Implied powers of Congress, 108, 110. 
Inauguration of President, 127. 
Income taxes, 87. 

Independents in politics, 217. 

Indian Territory, 167. 

Indians, 149-150, 167. 

Interior, department of, 149. 

Internal revenue system, 85-86. 
Interstate commerce law, 90-91. 

Judicial trials, chap. 25. 

Judiciary, National, chap. 16; State, 
chap. 25. 


Jurisdiction of U. S. courts, 158-160. 
Jury system, 161-163, 231-235. 
Justice, department of, 148. 

Lands, public, 169. 

Legal tender, definition, 95. 
Legislatures, chap. 21. 

Lobby, 78, 195. 

Local government, chap. i. 

Local government, origin, chap. 3. 

Machine politics, 212-214. 

Mail matter, classes, loi. 

Mayor, 20. 

Message, President’s, 137. 

Military powers of Congress, 104-107. 
Militia, 106-107. 

Monarchies, 181-183. 

Money of the U. S., 92-96. 

Municipal government, chap. 4; own¬ 
ership, 27, 31. 

National Banks, 95-96. 

Naturalization, 99. 

Navy, department of, 147; of the 
U. S., 105-106. 

New England colonies, 13-15 ; Con¬ 
federation, 33. 

New Jersey Plan, 42. 

Nobility, titles of, 112. 

Nomination system, 209 ff. 

Northwest Territory, 165. 

Ordinance of 1787, 165. 

Pairs, in voting, 80. 

Pardons, 132. 

Parish, 16. 

Patents, 103. 

Parliament of England, 183. 

Party government, chap. 23. 

Penal institutions, 202. 

Personal property, taxation of, 224- 
226. 

Philippines, government of, 167-168. 
Plaintiff, 233. 




INDEX 


271 


Poll tax, 226. 

Poor, 3. 

Porto Rico, government of, 166. 

Post office, department of, 148; sys¬ 
tem, 100-102, 109. 

Preliminary examination, 232. 
President of U. S., chaps. 13, 14 ; elec¬ 
tion of, 115-125. 

Presidential succession, 126. 

Primary reform, 215. 

Property tax, see Taxation. 
Proportional representation, 52. 

Public lands, 169. 

Quorum in Congress, 67-69. 

Railroads and interstate commerce, 
90-91. 

Real estate, 224. 

Reform movements, 28, 31. 
Registration, 215. 

Representatives, apportionment of, 53- 
56; election of, 51-52; qualifica¬ 
tions of, 52-53. 

Reprieve, 132. 

Revenue bills in Congress, 87. 

Roads, 2. 

Rural delivery of mail, loi. 

Russia, 184. 

Salaries of Congressmen, 70-71. 
School revenues, 239-240. 

Schools, chap. 26. 

Senate of U. S., 57. 

Senators, qualifications of, 58; elec¬ 
tion of, 59. 

Silver certificates, 95. 

Smuggling, 84. 

Speaker of the House of Representa¬ 
tives, 76-78. 

Spoils system, 135. 

Stamp Act Congress, 34. 

State, department of, 142. 

States, government, chaps. 20, 21, 22. 
Streets, 2, 23. 

Subpoena, 232. 


Subsidiary silver, 94. 

Suffrage, 207-209. 

Superintendent of schools, 239. 
Supervisor system of local govern¬ 
ment, 8. 

Supreme Court of U. S., 157. 

Survey, U. S. Government, 170-174. 
Switzerland, 180-181. 

Tariff, 84-85. 

Taxation, chap. 24; of corporations, 
226; inheritance taxes, 226; in¬ 
come taxes, 226; National, 83-89 ; 
of personal property, 224-225 ; poll 
tax, 226. 

Taxes, direct and indirect, 87. 
Territorial delegates, 56. 

Territories, chap. 17. 

Territory, admission of, 168. 

Town type of local government, 14; 

township-county type, 17. 

Treasury, department of, 144. 

Treasury notes, 94, 96. 

Treaties, 132-133. 

Trials, judicial, chap. 25. 

Trusts, 91-92. 

Undervaluation, 222. 

Union, steps leading to, chap. 5. 
United States notes, 95. 

Vacancies, in House of Representa¬ 
tives, 57 ; in Senate, 60. 

Valuation of property, 60. 

Venire, 232. 

Vestry, 16. 

Veto, 80-81. 

Vice-President of U. S., 126. 

Virginia local government, 15-16. 
Virginia plan, 41. 

Voting, methods in Congress, 80. 

War, declaration of, 104; Department 
of, 146. 

Woman Suffrage, 209. 

Yeas and nays, 80. 









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THE GOVERNMENT 
OF WISCONSIN 


BY 

ALBERT H. SANFORD, M.A. 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, 

WISCONSIN 


EDITED BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY 


NEW YORK 

CHARLES SCRIBNER’S SONS 


THE LIBRARY OF 
CONGRESS. 

Two Copies Receivod 


JUL 301903 



CopynBf)t Entry 




CUSS ^ XXc. No. 

I© sS” / ^ ^ 
COPY B. 


COPYRIGHT, 1903, BY 
CHARLES SCRIBNER’S SONS 


Norfajoolj IPress 

J. S. Cushing & Co. — Berwick & Smith Co. 
Norwood, Mass., U.S.A. 



PREFACE. 


In writing this account of the government of Wisconsin, 
the author has endeavored to place the emphasis upon its 
actual workings as these are prescribed both by law and 
by custom. It is his conviction that the study of civil 
government often becomes too exclusively a study of the 
Constitution; and this, too, without proper discrimination 
between the matters that are of practical importance to 
citizens and those, on the other hand, that are purely 
technical and of interest to the lawyer. Nevertheless, it 
will not be denied that a distinct educational value lies in 
the study of the exact text of the Constitution, and for this 
reason the clauses appear in the pages of this book. The 
author believes, however, that the pupil is entitled to all 
the disciplinary benefits that are to be derived from a 
study of the Constitution, and consequently the clauses 
have not been paraphrased, but the pupil is left to search 
for their meaning with the aid of the comments that 
accompany them. It will not be thought a disadvantage 
that this plan implies the frequent use of the dictionary. 

In many cases the articles and sections of the Consti¬ 
tution do not appear in their original order, but they have 
been grouped logically for the sake of simplicity and 
clearness. The student has abundant opportunity to con¬ 
sult the entire document in its original form in the Blue 
Book. For this reason also the Constitution has not been 
repeated as an appendix. 

Y 



VI 


PREFACE. 


This text does not attempt to supply explanations of all 
the provisions of our State Constitution; pupils are quite 
capable of finding for themselves the reasons for many 
provisions in the clauses as they study them. The sug¬ 
gestive questions at the close of chapters are typical of 
those with which the teacher may constantly stimulate 
thought in his class. The pleasure and profit derived 
from the discussion of such questions are of the greatest 
value. 

The search for information contained in the Blue Book 
should contribute much toward making the study of civil 
government real and interesting. The same may be said 
of the use of such illustrative materials as are mentioned 
on pages 68 and 8i ; these are readily obtainable, either 
free of cost or at trifling expense, at the offices of lawyers 
and local officers and from printers of legal blanks. 

In conclusion, it may be stated that the chief value of 
this study will be found in the interest aroused in matters 
of government and in the appreciation of its problems and 
its ethical bearings. This text furnishes but a basis for 
the attainment of these ends; this must be mainly the 
work of the teacher, for he can point out the moral much 
more effectively by oral instruction than can be done by 
the language of any book. 

To Professor J. A. James, the editor of this series of 
State editions accompanying “ Our Government: Local, 
State, and National,” the author is deeply indebted for 
the inspiration to undertake this and the other work which 
we have done in collaboration. To him and to other 
friends who have read portions of the manuscript due 
acknowledgments of obligation are now made. 

Stevens Point, 

July I, 1903. 


CONTENTS 


PAGE 

Preface . v 

CHAPTER 

I. The Foundation of the State .i 

II. Important Principles of Government ... 4 

III. The Legislature.10 

IV. How Laws are Made.21 

V. Limitations on the Legislature .... 27 

VI. The Executive Power.32 

VII. The Administrative Departments .... 40 

VI 11 . The Judicial Department.51 

• IX. Nominations and Elections.70 

X. Local Taxation.82 

XL Finances of the State. 94 

XII. Education.103 


vii 











80RUAY & CO., N.Y. 







































THE GOVERNMENT OF WISCONSIN. 


CHAPTER I. 

THE FOUNDATION OF THE STATE. 

Our History. — The State of Wisconsin came into exist¬ 
ence on the twenty-ninth day of May, 1848. The previous 
history of the region then incorporated as a State is varied 
and interesting; but we shall review only such portions of 
this history as may help us to understand the formation of 
the State and local governments. 

A Part of the Northwest Territory. — It is well known 
that Wisconsin was once a part of the Northwest Territory, 
and that this had been ceded by several of the original 
States to the general government. The accompanying map 
shows the boundaries of the five States into which the 
Northwest Territory was to be divided according to the 
Ordinance of 1787. Congress saw fit to alter these bound¬ 
aries, obtaining the “ consent ” of the States as they were 
admitted, though it might have done so without this for¬ 
mality. The boundaries of the fifth State (Wisconsin) were 
so changed that its territory was limited in three directions. 
When Illinois was admitted (1818) the northern boundary 
of that State was moved northward to coincide with parallel 
42° 30'. When Michigan became a State (1836) it was 
given the northern peninsula. Finally, upon the admission 


2 


THE GOVERNMENT OF WISCONSIN. 


of Wisconsin, the northwestern region, beyond the St. 
Croix River and Lake Superior’s western end, was cut off 
to become, in later years, a part of the new State of 
Minnesota. 

From Territory to State.—Previous to 1836 Michigan 
territory included the present Wisconsin; but in that year 
Michigan became a State and Wisconsin was made a 
separate Territory. The people of the new Territory made 
efforts at various times to acquire statehood, and in 1846 
they decided by a popular vote that the Territory should 
seek admission to the Union. In the meantime Congress 
had passed an act enabling them to proceed with the forma¬ 
tion of a Constitution. Delegates were accordingly elected 
to a convention which met at Madison in October, 1846. 
This convention framed a Constitution which was in some 
particulars unsatisfactory to the people, so that the vote 
taken upon its adoption was unfavorable, and this Constitu¬ 
tion was rejected. A second convention was elected and 
met a year later (December, 1847 February, 1848). The 
Constitution then framed was adopted by the people and 
accepted by Congress, and it is still in force. Numerous 
amendments have been added to it, but in essentials it has 
not been altered. To some extent the framers of the Con¬ 
stitution followed the State government of New York as a 
model; they also profited by the experience of neighboring 
Western States in avoiding certain unwise measures. The 
provisions of our Constitution thus reflect the wisdom and 
experience of the men who planted the principles of repub¬ 
lic government, derived from England, upon American soil, 
and adapted them to the new conditions of our Western life. 


THE FOUNDATION OF THE STATE. 


3 

What is the Constitution? — The Constitution of a State is 
the fundamental law in accordance with which its govern¬ 
ment is conducted. What, it may be asked, are the con¬ 
tents of this document ? There is at the beginning the 
Preamble, stating the purposes of our government. 

The Preamble. — We, the people of Wisconsin, grateful to Almighty 
God for our freedom ; in order to secure its blessings, form a more 
perfect government, insure domestic tranquillity and promote the 
general welfare ; do establish this Constitution. 

In addition to the Preamble, it may be said that the Con¬ 
stitution contains those provisions concerning our State gov¬ 
ernment which are of such great importance that changes 
should be made in them only after the most serious con¬ 
sideration and the final submission of proposed changes to 
a vote of the people. Such changes in the Constitution 
are called Amendments. 

SUGGESTIVE QUESTIONS AND REFERENCES. 

1. An account of the cession of Western lands and the Ordinance of 

1787 governing the Northwest Territory is given on p. 165. See 
also, James and Sanford, Government in State and Nation, 
319, 334- 

2. The exact geographical boundaries of Wisconsin are stated in 

Article II of the Constitution. 

3. For an outline of Wisconsin History and an account of its admis¬ 

sion, see the Blue Book. 

4. The reasons why Wisconsin’s boundaries were changed are given 

in Wisconsin Historical Collections, VoL XI, p. 451. Also in 
Thwaites, The Story of Wisconsin, 193-197. 


CHAPTER II. 


IMPORTANT PRINCIPLES OF GOVERNMENT. 

The Rights of the People. — It is appropriate that the 
people should embody in their Constitution the funda¬ 
mental principles upon which the government of the State 
rests. Certain long-established rights, very dear to all 
Americans and to the English people from whom we 
inherit them, are reaffirmed in our State Constitution. 

Article I, Section i. All men are born equally free and independent, 
and have certain inherent rights; among these are life, liberty, and the 
pursuit of happiness. To secure these rights, governments are insti¬ 
tuted among men, deriving their just powers from the consent of the 
governed. 

The fathers of our State believed that slavery was 
grossly inconsistent with this declaration; they took, 
therefore, the earliest opportunity to place the prohibition 
of slavery in the organic law of the State. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this State, otherwise than for the punishment of crime, whereof the 
party shall have been duly convicted. 

Freedom of Speech. — There are certain rights to which 
we become so accustomed that we scarcely appreciate 
their value until we learn what wrongs governments have 
committed in countries where these privileges do not exist. 

4 


IMPORTANT PRINCIPLES OF GOVERNMENT. 


Freedom of speech and of the press are always found in a 
free country. Like all other rights, this one may be 
abused. Libel consists in speaking or printing mali¬ 
ciously that which injures a person in the eyes of the 
public. 

Section 3. Every person may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of that right, 
and no laws shall be passed to restrain or abridge the liberty of speech 
or of the press. In all criminal prosecutions or indictments for libel, 
the truth may be given in evidence; and if it shall appear to the jury 
that the matter charged as libelous be true, and was published with 
good motives and for justifiable ends, the party shall be acquitted and 
the jury shall have the right to determine the law and the facts. 

Next to the free expression of ideas by speech and 
press, the best securities of the people against oppressive 
government are the right to assemble for discussion and 
the right to present grievances by means of petition. 

Section 4. The right of the people peaceably to assemble to consult 
for the common good and to petition the government or any depart¬ 
ment thereof, shall never be abridged. 

Officials who are not disposed to follow the wishes of 
the public may be impressed with a sense of their duty by 
the action of a large public assembly or by a large number 
of petitions. Sometimes the government is supported and 
encouraged by similar measures. 

Jury Trial. — Section 5. The right of trial by jury shall remain invi¬ 
olate, and shall extend to all cases at law, without regard to the amount 
in controversy; but a jury trial may be waived by the parties in all 
cases in the manner prescribed by law. 


6 


THE GOVERNMENT OF WISCONSIN. 


The process of jury trial is a fundamental safeguard of 
our liberties. In connection with trials there may be 
many abuses unless the procedure is carefully prescribed 
by law. Some of these details are incorporated in the 
Constitution and will be discussed in the chapter upon the 
judicial department of our State government (Chapter VII). 

Very plainly, the following statement is fundamental, 
and laws have been enacted for the security of all these 
rights. 

Section 9. Every person is entitled to a certain remedy in the laws, 
for all injuries or wrongs he may receive in his person, property, or 
character; he ought to obtain justice freely, and without being obliged 
to purchase it, completely and without denial, promptly and without 
delay, conformably to the laws. 

The definition of treason made in Section 10 prevents 
the conviction of persons for this offense on any grounds 
but those of actually assembling men with the purpose 
of opposing the government by force. 

Section 10. Treason against the State shall only consist in levying 
war against the same, or in adhering to its enemies, giving them aid or 
comfort. No person shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on confession in open 
court. 

Section 12. No bill of attainder, ex post facto law, nor any law im¬ 
pairing the obligation of contracts, shall ever be passed; and no con¬ 
viction shall work corruption of blood or forfeiture of estate. 

A bill of attainder is a law passed by a legislative body 
condemning a person without trial in a court. The injus¬ 
tice of such a procedure lies in the fact that political rea¬ 
sons are apt to influence the decisions of legislatures. An 


IMPORTANT PRINCIPLES OF GOVERNMENT. 


7 


ex post facto law is one which makes a criminal act punish¬ 
able in a more severe manner than was the case when the 
act was committed. If laws impairing the obligations of 
contracts might be enacted, property would be rendered 
insecure, and industry uncertain. The term “corruption 
of blood ” applies to punishments under which the offender 
could neither inherit property from his ancestors, nor 
retain that which he already possessed, nor transmit prop¬ 
erty to his heirs. 

Eminent Domain. — The people of the State have the 
right of eminent domain over the property of an individ¬ 
ual. That is, he may not continue to hold it if the in¬ 
terest of the public demand that he should part with it. 
Taking private property for public use is called condemn¬ 
ing the property. The State authorizes towns, villages, 
cities, school-districts, counties, railroad and some other 
corporations that perform public services, and certain State 
boards, to condemn property. This is done under the 
single condition, always, that — 

Section 13. The property of no person shall be taken for public use 
without just compensation therefor. 

To determine the amount to be paid when that is not 
agreed upon by the owner and the authorities, various 
methods are employed. Generally a jury is summoned, 
under supervision of a court, to appraise or fix the value of 
the property condemned. 

Religious Freedom. — So much of the history of this 
country finds its explanation in the words “ Freedom to 
worship God” that it is unnecessary to explain the reasons 


8 


THE GOVERNMENT OF WISCONSIN. 


for including the next sections in the Declaration of 
Rights. 

Section i8.i The right of every man to worship Almighty God 
according to the dictates of his own conscience shall never be in¬ 
fringed ; nor shall any man be compelled to attend, erect, or support 
any place of worship, or to maintain any ministry, against his consent; 
nor shall any control of or interference with the rights of conscience 
be permitted, or any preference be given by law to any religious estab¬ 
lishments or mode of worship; nor shall any money be drawn from 
the treasury for the benefit of religious societies, or religious or theo¬ 
logical seminaries. 

Section 19. No religious test shall ever be required as a qualifica¬ 
tion for any office of public trust, under the State, and no person shall 
be rendered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion. 

The study of history reveals the evils that may be 
brought upon a country when the military holds the civil 
power in subjection. 

Section 20. The military shall be in strict subordination to the civil 
power. 

More important than the framework of the government 
are the virtues of the people. 

Section 22. The blessing of a free government can only be main¬ 
tained by a firm adherence to justice, moderation, temperance, frugality, 
and virtue, and by frequent recurrence to fundamental principles. 

^In connection with Section 18, a case once arose involving the question, 
Should religious exercises be regularly conducted in the public schools ? The 
Supreme Court said upon this point; “ The stated reading of the Bible by 
teachers to pupils in the public schools may be ‘ worship,’ and the school- 
house may thereby become, for the time being, ‘a place of worship.’ To such 
use therefore taxpayers who are compelled to aid in the erection of a school- 
house and in the support of a school may object.” The court decided such 
religious exercises to be unlawful in the public schools (76 Wis. 177). 


IMPORTANT PRINCIPLES OF GOVERNMENT. 


9 


SUGGESTIVE QUESTIONS. 

1. Compare Section i with similar language in the Declaration of 

Independence. 

2. May one speak the truth and still be guilty of libel ? Are there 

countries where freedom of speech and of press are restricted? 
Is there too much freedom in these ways in the United States? 

3. Why should parties to a case wish to waive a jury trial? 


CHAPTER III. 

THE LEGISLATURE. 

The Powers of the Legislature. — This Constitution does 
not contain a list of the powers of the Legislature, such 
as that in which the United States Constitution enumerates 
the powers of Congress. No such list could be made, for 
the Legislature may pass laws upon all subjects except 
(i) certain subjects particularly stated in the United States 
Constitution; (2) others mentioned in the State Constitu¬ 
tions; (3) still others over which Congress has exclusive 
power. The Constitution of Wisconsin simply says : — 

Article IV, Section i. The legislative power shall be vested in a 
Senate and Assembly. 

How extensive that power is, and whether the Legislature 
is exercising it rightfully or not, are questions that are con¬ 
tinually being settled by the State and National courts. 

Sessions. — Until 1881, the sessions of the Legislature 
were annual. The sessions then became biennial upon the 
adoption of an amendment to the Constitution. 

Section ii. The Legislature shall meet at the seat of government, 
at such times as shall be provided by law, once in two years, and no 
oftener, unless convened by the Governor in special session; and when 


10 


THE LEGISLATURE. 


II 


so convened, no business shall be transacted except as shall be neces¬ 
sary to accomplish the special purposes for which it was convened. 

Section lo (part). Neither house shall, without the consent of the 
other, adjourn for more than three days. 

A regular session of the Legislature begins at 12 o’clock, 
noon, on the second Wednesday of January of each odd- 
numbered year. It lasts as long as is necessary to transact 
the business brought before it; this is generally until 
some time in the month of May. 

It is customary for the Legislature to make weekly 
adjournments, over Saturday and Sunday, and sometimes 
longer, in order that members may attend to private busi¬ 
ness at their homes. These weekly adjournments are 
longer during the early than during the closing weeks of 
the sessions. 

The Capitol. — The Capitol building ^ at Madison, where 
the Legislature meets, stands in the center of a beautiful 
park located on slightly elevated grounds overlooking 
Lakes Monona and Mendota. Many other State capitols 
are more costly and imposing, but few have more beautiful 
surroundings. 

Numbers. — Members of the Legislature are elected at 
the general election, that is, the Tuesday after the first 
Monday of November in each even-numbered year. There 
are at present 100 Assemblymen and 33 Senators. These 
numbers are within the limits fixed by the Constitution : — 

Section 2. The number of the members of the Assembly shall never 
be less than fifty-four, nor more than one hundred. The Senate shall 

1 For a picture of the capitol and diagrams of the chambers showing the 
seats occupied by members, see Blue Book. 


12 


THE GOVERNMENT OF WISCONSIN. 


consist of a number not more than one-third nor less than one-fourth of 
the number of the members of the Assembly. 

Apportionment. — The Blue Book contains maps showing 
the Assembly and Senatorial districts into which the State 
is divided for the purpose of electing members of the Leg¬ 
islature. The process of dividing the State into these 
districts is called apportio7nnent. The apportionment is 
made on the basis of population, as provided for in the 
following sections of Article IV: — 

Section 3. The Legislature shall provide by law for an enumeration 
of the inhabitants of the State, in the year one thousand eight hundred 
and fifty-five, and at the end of every ten years thereafter; and at their 
first session after such enumeration, and also after each enumeration 
made by the authority of the United States, the Legislature shall appor¬ 
tion and district anew the members of the Senate and Assembly, 
according to the number of inhabitants, excluding Indians not taxed, 
and soldiers and officers of the United States army and navy. 

Section 4. The members of the Assembly shall be chosen biennially 
by single districts on the Tuesday succeeding the first Monday of Novem¬ 
ber, by the qualified electors of the several districts; such districts to 
be bounded by county, precinct, town or ward lines, to consist of con¬ 
tiguous territory, and be in as compact form as practicable. 

Section 5. The Senators shall be chosen by single districts of con¬ 
venient contiguous territory, at the same time and in the same manner 
as the members of the Assembly are required to be chosen, and no 
Assembly district shall be divided in the formation of a Senate district. 
The Senate districts shall be numbered in the regular series, and the 
Senators chosen by the odd numbered districts shall go out of office at 
the expiration of the first year, and the Senators chosen by the even 
numbered districts shall go out of office at the expiration of the second 
year, and thereafter the Senators shall be chosen for a term of two 
years. 

In accordance with these sections, the following rules 
may be stated by which the Legislature is guided in 


THE LEGISLATURE. 


13 


making apportionments: (i) There shall be a new ap¬ 
portionment every five years. (2) The districts shall 
be laid out “ according to the number of inhabitants.” 
The ratio of population to one Assemblyman is found by 
dividing the population of the State, as determined by the 
last enumeration, or census, by 100; the ratio for the Sena¬ 
torial district is found by dividing the population by 33. 
The population of the districts should not vary widely 
from these ratios. (3) Assembly districts shall consist of 
contiguous territory, in as compact form as practicable; 
they shall be bounded by county, precinct, town, or ward 
lines. The last provision means that an Assembly district 
shall be a county, unless two or more entire counties are 
joined in one district, or a county is divided into two or 
more districts. A part of a county cannot be annexed to 
another county, or part of one, to form an Assembly dis¬ 
trict. In dividing a county into two or more districts, 
town, precinct, and ward lines shall be followed. (4) Sen¬ 
ate districts shall consist of convenient contiguous terri¬ 
tory, .and no Assembly district shall be divided in making 
a Senate district 

The maps in the Blue Book give the population of countries. The 
apportionment act of 1891 was declared unconstitutional by the Supreme 
Court of the State, partly on the ground that, while the ratio for As¬ 
sembly districts was 16,876, the population of districts under that appor¬ 
tionment varied from 6,823 to 38,801. This apportionment also violated 
other rules prescribed by the Constitution, particularly that which for¬ 
bids the breaking of county lines in the formation of Assembly districts. 
In 1892 a special session of the Legislature was called to enact another 
apportionment law; this, too, was declared unconstitutional for sub¬ 
stantially the same reasons. Another special session was called and it 
enacted the apportionment found on the maps in the Blue Book of 
1893. The two former laws were called “gerrymanders.” 


14 


THE GOVERNMENT OF WISCONSIN. 


Contested Elections. —The right of a person to a seat in 
the Legislature may be disputed on the ground that he is 
not qualified, or because of some irregularity in the elec¬ 
tion. When a contested case arises, testimony is furnished 
to the house by the rival claimants; the house considers 
the testimony and determines who is entitled to the seat. 
This is the meaning of the first statement of the following 
section: — 

Section 7. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members in 
such manner, and under such penalties, as each house may provide. 

Quorum. — A quorum, as stated in the above section, is 
a sufficient number to do business. This is a majority of 
the members of either house. The “ smaller number ” 
may compel the attendance of absent members by sending 
the sergeant-at-arms to arrest them. 

Rules for Conduct of Business. — In the Blue Book, 
immediately after the Constitution of Wisconsin, there is 
printed the “Manual of Parliamentary Practice,” compiled 
by Thomas Jefferson. This contains the general rules of 
procedure governing the conduct of business in the Legis¬ 
lature. Next come the “Customs, Precedents, Forms, 
and Rules ” of the Legislature, giving specifically the 
duties of officers, method of passing bills, and many similar 
details. These are the rules that each house, is authorized 
to determine : — 

Section 8. Each house may determine the rules of its own proceed¬ 
ings, punish for contempt and disorderly behavior, and, with the con- 


THE LEGISLATURE. 


IS 

currence of two thirds of all the members elected, expel a member; but 
no member shall be expelled a second time for the same cause. 

Officers. — Every body of persons authorized to do busi¬ 
ness must have its officers; in the Legislature, these are 
provided for by the following sections : — 

Section 9. Each house shall choose its own officers, and the Senate 
shall choose a temporary president, when the Lieutenant Governor shall 
not attend as president, or shall act as Governor. 

Article XIII, Section 6. The elective officers of the Legislature, 
other than the presiding officers, shall be a chief clerk and a sergeant- 
at-arms, to be elected by each house. 

The presiding officer of the Assembly is the Speaker. 
His position is one of considerable responsibility, for he 
appoints the committees of the Assembly, and these, as we 
shall see, control legislation to a considerable extent. Be¬ 
sides thus indirectly influencing legislation, the Speaker 
can exert much influence through his control of the pro¬ 
ceedings. In the Senate the Lieutenant Governor is the 
presiding officer (Article V, Section 8). It is customary 
for the Senate to elect, at the beginning of a session, a 
president pro tempore, who acts as presiding officer in the 
absence of the Lieutenant Governor. Each house has, 
besides its presiding officer, a large number of other officers, 
some elected and some appointed. The Customs, Prece¬ 
dents, Forms, and Rules,” found in the Blue Book, give 
their duties. 

Publicity. — Publicity is one of the greatest safeguards 
against bad legislation. In three ways publicity must 
attend the proceedings of the Legislature : — 


6 


THE GOVERNMENT OF WISCONSIN. 


Section lo (part). Each house shall keep a journal of its proceed¬ 
ings, and publish the same, except such parts as require secrecy. The 
doors of each house shall be kept open, except when the public welfare 
shall require secrecy. 

Section 20. The yeas and nays of the members of either house, on 
any question, shall, at the request of one sixth of those present, be 
entered on the journal. 

Volumes of the Assembly Journal, Senate Journal, and 
Laws of Wisconsin are distributed according to law under 
the direction of the Secretary of State. 

Methods of Voting. — The most common method of 
voting in the Legislature is by acclamation : all who favor 
a motion or the passage of a bill say “aye,” those opposed 
say “no.” If there is difficulty in determining which side 
has a majority, or if a division is demanded, a “ rising vote ” 
is taken, so that the members voting on each side 
may be counted. When the “ yeas and nays ” are ordered, 
the clerk calls the roll, each member present votes in 
response to his name, and his vote thus becomes a matter 
of record. This publicity has a restraining influence on 
legislators who might vote for bills that are opposed to the 
public welfare. 

Privileges of Members. — Section 15. Members of the Legislature 
shall, in all cases except treason, felony, and breach of the peace, be 
privileged from arrest; nor shall they be subject to any civil process, 
during the session of the Legislature, nor for fifteen days next before 
the commencement and after the termination of each session. 

Section 16. No member of the Legislature shall be liable in any 
civil action or criminal prosecution whatever, for words spoken in 
debate. 

Treason has already been defined by a clause of the 
Constitution (Article I, Section 10. See page 6); felony 


THE LEGISLATURE. 


17 

is a crime for which the offender is liable to be punished 
by imprisonment in the State prison; all other crimes 
besides treason and felony are misdemeanors, so breach of 
peace is one kind of misdemeanor. 

Restrictions on Members. — In the above sections we find 
the Constitution guarding the personal liberty and inde¬ 
pendent action of the legislators. The next two sections 
must be regarded as fixing restraints upon the members 
of the Legislature, intended to prevent an abuse of their 
power. 

Section 12. No member of the Legislature shall, during the term for 
which he was elected, be appointed or elected to any civil office in the 
State which shall have been created, or the emoluments of which shall 
have been increased, during the term for which he was elected. 

Section 13. No person being a member of Congress, or holding any 
military or civil office under the United States, shall be eligible to a 
seat in the Legislature; and if any person shall, after his election as 
a member of the Legislature, be elected to Congress, or be appointed to 
any office, civil or military, under the government of the United States, 
his acceptance thereof shall vacate his seat. 

Residence and Vacancies. — The idea is purely American 
that requires a representative to reside in the district that 
he represents; in England a member of Parliament need 
not reside in the district from which he is elected. 

Section 6. No person shall be eligible to the Legislature who shall 
not have resided one year within the State, and be a qualified elector in 
the district which he may be chosen to represent. 

Section 14. The Governor shall issue writs of election To fill such 
vacancies as may occur in either house of the Legislature. 

Pay of Members. — Until 1867 members of the Legis¬ 
lature were paid $2.^0 for each day of the legislative 
c 


i8 


THE GOVERNMENT OF WISCONSIN. 


session, and mileage. The method of payment was then 
changed, and until i88i members were paid $300 per 
annum, with mileage. In that year the following pro¬ 
vision was adopted: — 

Section 21. Each member of the Legislature shall receive for his ser¬ 
vices for and during a regular session the sum of five hundred dollars, 
and ten cents for every mile he shall travel in going to and returning 
from the place of meeting of the Legislature on the most usual route. 
In case of an extra session of the Legislature, no additional compensa¬ 
tion shall be allowed to any member thereof, either directly or indirectly, 
except for mileage, to be computed at the same rate as for a regular 
session. 


Railway Passes.— Members of the Legislature do not 
receive mileage when they take trips to their homes during 
the session. It was customary for the railroads to furnish 
members passes for this purpose until the enactment of 
the anti-pass law in 1899. The use of passes extended 
much farther than this. It was understood that any 
State official could have annual passes on the railroads 
if he wished. Moreover, during the sessions of the Legis¬ 
lature it became customary for thousands of people to 
obtain passes for trips to Madison and elsewhere in the 
State; these passes were freely supplied by agents of the 
railroad companies at Madison, upon application by any 
member of the Legislature. The practice of granting 
passes was also frequently extended to city and other 
local officials, while telegraph and express companies had a 
similar practice in the granting of a franking privilege to 
officials. 

The following amendment to the Constitution, adopted 
at the general election of 1902, relates to this matter. 


THE LEGISLATURE. 


19 


Article XIII, Section ii. No person, association, co-partnership or 
corporation shall promise, offer, or give, for any purpose, to any political 
committee, or any member or employee thereof, ro any candidate for, or 
incumbent of any office or position under the Constitution or laws, or 
under any ordinance of any town or municipality of this State, or to any 
person at the request or for the advantage of all, or any of them, any free 
pass or frank, or any privilege withheld from any person, for the travel¬ 
ing accommodation or transportation of any person or property, or the 
transmission of any message or communication. No political committee, 
and no member or employee thereof, no candidate for, and no incumbent 
of any office or position under the Constitution or laws, or under any 
ordinance of any town or municipality of this State, shall ask for, or 
accept, from any person, association, co-partnership, or corporation, or 
use in any manner, or for any purpose, any free pass or frank, or any 
privilege withheld from any person, for the traveling accommodation or 
transportation of any person or property, or the transmission of any 
message or communication. Any violation of any of the above provisions 
shall be bribery and be punished as provided by law, and if any officer 
or any member of the Legislature be guilty thereof, his office shall 
become vacant. No person within the purview of this act shall be 
privileged from testifying in relation to anything therein prohibited ; 
and no person having so testified shall be liable to any prosecution or 
punishment for any offense concerning which he was required to give 
his testimony or produce any documentary evidence. The railroad com¬ 
missioner and his deputy in the discharge of duty are excepted from the 
provisions of this amendment. 


SUGGESTIVE QUESTIONS. 

1. What reasons are there favoring biennial rather than annual ses¬ 

sions of the Legislature ? 

2. When was the last census taken by the United States ? By the 

State ? When was the last apportionment made ? Why is reap¬ 
portionment required so frequently ? 

3. How large is the Assembly district in which you live ? What 

territory does your Senate district include ? Who is your 
Assemblyman? Your Senator? When was each elected? 
When will their successors be elected? 

4. According to the last apportionment, what were the ratios for 


20 


THE GOVERNMENT OF WISCONSIN. 


Assembly and Senate districts ? Find the populations of several 
districts, and see how nearly they correspond to the ratio. 

5. When did the last regular session of the Legislature occur? How 

long did it last ? Which party had a majority in the Senate ? In 
the Assembly ? How large were these majorities ? 

6. What were the most important subjects considered by the Legisla¬ 

ture at this session ? What important laws were enacted ? 

7. Do the people of the State have as much interest in the work of 

the Legislature as in the work of Congress ? 

8. Give reasons for the provisions included in Sections 15, 16, 12, and 

13, of Article IV. 

9. In what ways may vacancies occur ? 

10. What persons may not receive passes ? What reasons can you 

give for this prohibition ? Why was this provision made a part 
of the Constitution instead of remaining a mere law ? 


CHAPTER IV. 


HOW LAWS ARE MADE. 

The Committee System.— In order that the process of 
passing bills may be understood, a brief explanation of the 
committee system will be necessary. At the opening of 
each legislative session, the Speaker of the Assembly ap¬ 
points about twenty-five standing committees. These dif¬ 
fer in size, having five, seven, nine, or eleven members. 
Every member of the Assembly has a place in at least one 
of the committees, while many members serve on two or 
three. The Speaker arranges the membership of commit¬ 
tees so that the chairman and a majority of each belong to 
his political party. In the Senate the standing committees, 
twenty in number, are elected. There are several joint 
committees, composed of both Senators and Assemblymen. 

Powers of Committees. — The work of these committees 
is the most important part of legislation, since every bill 
introduced in either house is referred to a committee before 
it is considered by the house as a whole. Each committee 
has regular times for meeting. It will receive testimony 
and listen to arguments upon bills from those interested; 
but when making up its report, its sessions are secret. A 
committee has the power to conduct investigations as a 
means of getting information. It may alter the provisions 


21 


22 


THE GOVERNMENT OF WISCONSIN. 


of a bill, or recommend amendments to it; this is generally 
done after consultation with the author of the bill. If the 
committee is opposed to a bill, it will report adversely, or 
fail to make any report whatever. If there is a division of 
opinion in the committee, the minority may submit a sepa¬ 
rate report; or any member of the committee may submit 
his opinion separately. The committees are supposed to 
give such careful attention to bills that their recommenda¬ 
tions may be followed without question by the houses of 
the Legislature. Comparatively few bills are debated at 
length, and in very few cases does either house reverse 
the decisions of its committees. 

The Lobby.—While this method of making laws allows 
careful consideration of bills, it also gives opportunity for 
the working of corrupt influences, since the majority of a 
committee is much more easily “managed” than a major¬ 
ity of either house. Those individuals who attend sessions 
of the Legislature for the purpose of inducing members to 
vote for or against particular bills are called the lobby. 
Sometimes men lobby for good bills, and thus render valu¬ 
able service to the State; but the professional lobbyist 
uses his evil influence because it pays him well. Too often 
he uses money corruptly in bringing about certain legisla¬ 
tion. In some State Legislatures the lobby is much more 
of an evil than in the Legislature of Wisconsin. 

Yet in 1899 a law was enacted, aimed at this evil (Chapter 243). It 
defines a lobbyist as a person employed to act as counsel or agent to 
promote or oppose in any manner the passage of laws that affect the 
pecuniary interests of any individual, association, or corporation as dis¬ 
tinct from those of the whole people of the State. There must be 


HOW LAWS ARE MADE. 


23 


registered in the office of the Secretary of State the names of all such 
counsels or agents, their employers, the length of their service, and 
their compensation. After the close of the session, sworn statements 
must be made, by the lobbyists and their employers, of the expenses in¬ 
curred in their work. ‘‘No person shall be employed as a Legislative 
counsel or agent for a compensation dependent in any manner upon the 
passage or defeat of any proposed legislation, or upon any other contin¬ 
gency connected with the action of the Legislature, or of either branch 
thereof, or of any committee thereof.” Severe penalties are provided 
for the violation of this law. The act does not apply to any municipal¬ 
ity or other public corporation. 

Article IV, Section 19. Any bill may originate in either house of 
the Legislature; and a bill passed by one house may be amended by 
the other. 

Introduction of Bills. — A member who wishes to intro¬ 
duce a bill rises to his feet, at such time as the introduction 
of bills is in order,i and, after addressing the chair and 
being recognized, says, “ I ask leave to introduce a bill.” 
The bill is carried to the desk of the Chief Clerk by a 
messenger .2 The Clerk then reads the title of the bill and 
the Speaker announces, “ First reading of the bill.” The 
Clerk again reads the bill by its title. The Speaker an¬ 
nounces, “ Second reading of the bill,” and then refers it 
to such committee as seems to him appropriate, unless the 
member introducing the bill requests that it be referred to 
a particular committee. 

After the second reading of a bill, three hundred copies 
are printed if it is an Assembly bill, or two hundred and 
fifty if it originates in the Senate. 

1 As in all legislative bodies, each house follows a regular “ order of busi¬ 
ness.” See Rule 39, Blue Book of 1901. 

2 Boys are employed to run on errands for members. See Customs, etc. 


24 


THE GOVERNMENT OF WISCONSIN. 


FORM OF BILL. 

STATE OF WISCONSIN. 


IN SENATE. 


No. no, S. 


January 31, 1901. — Introduced by Senator BISSELL. Read first and 
second times and referred to committee on Education. 


A BILL 


To authorize district boards to borrow money. 

The people of the State of Wisconsin, represented in senate and assembly, 
do enact as follows: 

Section i. Any school district may, by vote, at any annual, or 

2 lawfully called special, meeting, authorize the district board to bor- 

3 row money for a period not exceeding six months, for the purpose 

4 of paying teachers’ wages and usual school expenses, not exceeding 

5 the amount of district taxes voted for such purposes at such meet- 

6 ing, to be collected with the next levy. 

Section 2. Any district board, after being so authorized, may 

2 borrow such money of any person for not exceeding six months, 

3 and deliver to the lender thereof an order on the district treas- 










HOW LAWS ARE MADE. 


25 


Steps in the Passage of Bills. — When the committee has 
finished its work, which may be a number of days or weeks 
later, it reports the bill back to the house. The bill is 
brought before the house by a motion that it be “ engrossed 
and read a third time.” Before the motion is put, debate 
may take place and amendments may be adopted. If this 
motion is lost, the bill goes no farther. If it is carried, the 
bill is “ engrossed,” — that is, copied (with amendments) so 
as to contain no erasures or interlineations. When it is 
again called up, the bill is read the third time, by title 
unless it appropriates money; in that case it is read in 
full. Then comes the motion that the bill pass, and again 
debate is in order. Finally the question “ Shall the bill 
pass ? ” is put. If the vote is affirmative, the bill goes to 
the other house, where it passes through a process similar 
to that just described. 

Conference Committees. — If an Assembly bill is amended 
by the Senate, of course that amendment must be acted 
upon by the Assembly. If the Assembly refuses to con¬ 
cur in the amendment, a conference committee, composed 
of members of both houses, may be appointed. They try 
to make a compromise which, while it may not be entirely 
satisfactory, may be accepted by both houses. Sometimes 
this method fails to result in agreement, and the bill fails 
to become a law. 

Submission to the Governor. —When the same bill has 
been passed by both houses, it receives the signatures of 
the Speaker of the Assembly and the President of the 
Senate. It is then taken to the Governor for his approval. 
The steps that follow are concisely stated in Article V. 


26 


THE GOVERNMENT OF WISCONSIN. 


Section lo. Every bill which shall have passed the Legislature 
shall, before it becomes a law, be presented to the Governor. If he 
approves, he shall sign it; but if not, he shall return it, with his objec¬ 
tions, to that house in which it shall have originated, who shall enter 
the objections at large upon the journal and proceed to reconsider it, 
.If, after such reconsideration, two thirds of the members present shall 
agree to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and if ap¬ 
proved by two thirds of the members present, it shall become a law. 
But in all such cases, the votes of both houses shall be determined by 
yeas and nays, and the names of the members voting for or against the 
bill shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the Governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall be 
a law, unless the Legislature shall, by their adjournment, prevent its 
return; in which case it shall not be a law. 

Under the last provision the Legislature cannot, by 
adjourning for more than three days, compel the enact¬ 
ment of a law to which they know the Governor is 
opposed. 

SUGGESTIVE QUESTIONS. 

1. In how many ways may a bill become a law ? In how many ways 

may it fail to become a law ? 

2. Why should the Governor have the power to veto a bill ? 

3. Give reasons for the provisions of the last sentence in Article V, 

Section 10. 

4. Do you think the law relating to lobbies can be enforced ? If not, 

should the law be repealed ? Ask your Assemblyman or Senator 
for his opinion of this matter. 

5. Find in the Blue Book regulations of the Legislature relating to 

the drawing of seats and admission to the floors of the houses, 

6. Can you determine from the titles of the committees given in the 

Blue Book what matters are considered by each committee ? 

7. What is meant by a “call of the house” ? the “previous ques¬ 

tion” ? “committee of the whole” ? 


CHAPTER V. 


LIMITATIONS ON THE LEGISLATURE. 

Important Prohibitions. — Article IV, Section 24. The Legislature 
shall never authorize any lottery, or grant any divorce. 

The Constitution contains many limitations upon the 
power of the Legislature. The first one mentioned in the 
section quoted above serves to remind us of the time when 
public sentiment did not condemn lotteries. Within com¬ 
paratively recent years lotteries have been excluded from 
the last States of the Union that sanctioned them. Some 
South American and European countries still authorize 
them. The consideration of such a matter as divorces by 
the Legislature would be undignified and a waste of time ; 
so general laws have been enacted under which divorces 
are granted by the courts. 

State Contracts. —The following provisions are intended 
to prevent fraud when materials are to be purchased for 
public use, or when services are to be hired : — 

Section 25. The Legislature shall provide by law that all stationery 
required for the use of the State, and all printing authorized and required 
by them to be done for their use, or for the State, shall be let by con¬ 
tract to the lowest bidder; but the Legislature may establish a maximum 
price. No member of the Legislature, or other State officer, shall be 
interested, either directly or indirectly, in any such contract. 

27 


28 


THE GOVERNMENT OF WISCONSIN. 


Section 26. The Legislature shall never grant any extra compensa¬ 
tion to any public officer, agent, servant, or contractor, after the services 
shall have been rendered or the contract entered into. Nor shall the 
compensation of any public officer be increased or diminished during 
his term of office. 

If supplies are to be purchased, a public building erected, 
or public works constructed, the law requires that the 
officials having charge of the matter draw up “ plans ” or 
“ specifications,” or both, and advertise them widely in the 
newspapers. Bids are invited in the form of “ sealed pro¬ 
posals.” The compensation stated by each bidder is thus 
kept secret until a certain day, when all the bids are 
opened. The lowest bidder obtains the contract unless his 
bid is rejected for some reason : he may not be a respon¬ 
sible party, or he may fail to furnish a satisfactory bond 
for the proper performance of the work undertaken. 

Special Legislation Prohibited. — A general law is one 
that affects in the same manner all persons or things of 
the same class. A special or private law singles out 
particular persons or things and makes special provisions 
concerning them. The enactment of a special law de¬ 
pends largely upon the influence that the persons to be 
benefited by it are able to exert in the Legislature; further¬ 
more, in the effort to obtain legislation favorable to them¬ 
selves, unscrupulous men use corrupt means to obtain votes. 
This is the great evil that always accompanies special or 
private laws. Besides, the Legislature may waste much 
valuable time in the consideration of such laws, and its 
attention may be distracted from the real interests of the 
public. The other evils of special legislation were so ap- 


LIMITATIONS ON THE LEGISLATURE. 


29 


parent that in 1871 and 1892 the following amendments 
were added to the Constitution : — 

Section 31. The Legislature is prohibited from enacting any special 
or private laws in the following cases : ist. For changing the name of 
persons or constituting one person the heir-at-law of another. 2d. For 
laying out, opening, or altering highways, except in cases of State roads 
extending into more than one county, and military roads, to aid in the 
construction of which lands may be granted by Congress. 3d. For 
authorizing persons to keep ferries across streams, at points wholly 
within this state. 4th. For authorizing the sale or mortgage of real or 
personal property of minors or others under disability. 5th. For locat¬ 
ing or changing any county seat. 6th. For assessment or collection 
of taxes, or for extending the time for collection thereof. 7th. For 
granting corporate powers or privileges, except to cities. 8th. For 
authorizing the apportionment of any part of the school fund. 9th. 
P'or incorporating any city, town or village, or to amend the charter 
thereof. 

Section 32. The Legislature shall provide general laws for the trans¬ 
action of any business that may be prohibited by section thirty-one of this 
article, and all such laws shall be uniform in their operation throughout 
the State. 

Corporations. — Especial attention is called to the pro¬ 
visions under the 7th and 9th headings of Section 31, for it 
was in the formation of corporations that the evils of 
special laws became most conspicuous. Instead of the 
phrase “ granting corporate powers or privileges,” we gen¬ 
erally use the single word “incorporate”; “to grant 
articles of incorporation” has the same meaning. A 
corporation is an artificial person created for certain 
purposes and empowered to act as if it were a real 
person. Corporations are either public or private. 
Public corporations are established for public purposes 
exclusively,—that is, for purposes of civil government. 


30 


THE GOVERNMENT OF WISCONSIN. 


Counties, cities, villages, towns, and school districts are 
public corporations. 

Special Charters.—Under the original provisions of the 
Constitution, towns were made “ bodies corporate ” by gen¬ 
eral law ; but a special act of the Legislature was necessary 
every time a city or village wished to become incorporated. 
A great deal of time was wasted in the Legislature by the 
enactment of special charters for cities. The charters 
were of such great variety as to be confusing, and many 
bad provisions were included without the knowledge of 
those most interested. So the formation of these public 
corporations by special law was prohibited by the amend¬ 
ments of 1871 and 1892. 

Formation of Private Corporations. — All corporations 
that are not public are private. Three or more persons may 
form such a corporation. They are required to file with 
the register of deeds of the county in which the corporation 
is located, and also with the Secretary of State at Madison, 
copies of the articles of incorporation. These may be 
drawn up by any lawyer; they give facts concerning the 
purpose of the company and its method of organization. 
The members of the company are called stockholders. 
They elect officers, among whom are the directors. Each 
kind of corporation (such as railroad, insurance, religious, 
etc.) is governed by certain laws; but these laws must be 
general in their application to all corporations of the same 
class. (See Article XI, Section i.) 

The subject of corporations is of vast importance, not 
only from a business standpoint, but also from the stand¬ 
point of government, Business and government are so 


LIMITATIONS ON THE LEGISLATURE. 


3 


closely related, and the bond uniting them is so frequently 
a corporation, that no citizen should be ignorant concerning 
the benefits and the evils of these organizations. 

Responsibility for Good Legislation.— We have called 
attention to several limitations placed by the people of the 
State upon their Legislature. The Constitution contains 
many other limitations, to be noticed under different topics. 
Yet evils are not entirely absent from our legislation, nor 
will these Constitutional provisions alone keep our State 
free from unjust laws. For if the people permit selfish or 
weak men to frame their laws, there are no prohibitions of 
Constitution or law, however strict, that will not be violated 
or evaded. The safety of the State, therefore, and the 
continuation of the generally high standard characteristic 
of past legislation, are in the keeping of the voters who 
elect members of the Legislature. 

SUGGESTIVE QUESTIONS. 

1. Why are lotteries, betting, and gambling prohibited by law ? 

2. Give reasons why general laws are best for the matters mentioned 

in Article IV, Section 31. 

3. Mention a corporation doing business in the section where you 

live. Get facts concerning its membership, officers, their duties, 
etc. 

4. Make a list of all limitations on the Legislature not mentioned in 

this chapter that are found in the Constitution. 

5. How can the voter help to secure good members of the Legis¬ 

lature ? 


CHAPTER VI. 


THE EXECUTIVE POWER. 

Local Executive Officers. —Throughout the State, in all 
the local divisions, there are officers who are empowered to 
execute the laws of the State, as well as the laws of the 
particular localities where they hold office. The town clerk 
executes a part of the State law on taxation and other 
subjects; the constable executes the State law when he 
makes an arrest; likewise, each county officer has duties 
that are prescribed by the laws of the State. It is evident, 
then, that the executive power of our State government is 
diffused throughout the State, in the hands of a multitude 
of officers. 

The Chief Executive. — But for the management of 
certain affairs that are not local in their nature, other 
executive officers are necessary, and the chief one of these 
is the Governor. 

Article V, Section i. The executive power shall be vested in a Gov¬ 
ernor who shall hold his office for two years. A Lieutenant Governor 
shall be elected at the same time, and for the same term. 

Section 2. No person, except a citizen of the United States, and a 
qualified elector of the State, shall be eligible to the office of Governor 
or Lieutenant Governor. 

Section 3. The Governor and Lieutenant Governor shall be elected 
by the qualified electors of the State at the times and places of choosing 
members of the Legislature. The persons respectively having the high¬ 
est number of votes for Governor and Lieutenant Governor shall be 


32 


THE EXECUTIVE POWER. 


33 


elected. But in case two or more shall have an equal and the highest 
number of votes for Governor or Lieutenant Governor, the two houses 
of the Legislature, at its next annual session, shall forthwith, by joint 
ballot, choose one of the persons so having an equal and the highest 
number of votes for Governor or Lieutenant Governor. The returns 
of election for Governor and Lieutenant Governor shall be made in such 
manner as shall be provided by law. 

One important power of the Governor has been dis¬ 
cussed in the making of laws, viz. the veto power (see p. 26). 
By the Governor’s veto, a bill which has passed the Legis¬ 
lature may fail to become a law. 

The Governor’s Message. — The official connection be¬ 
tween the Governor and the Legislature is provided for by 
the Governor’s messages. 

Section 4 (part). He shall communicate to the Legislature, at 
every session, the condition of the State, and recommend such matters 
to them for their consideration as he may deem expedient. 

The Governor’s message, and the reports of the executive 
and administrative officers, are published biennially as 
“The Wisconsin Public Documents.” 

Appointments and Removals. — In the making of many 
appointments, the Governor acts jointly with the Senate, 
though some officers are appointed by him alone. The 
Governor fills vacancies in elective State offices and in 
some county offices. He also has power to remove many 
of the State and some of the county officers. 

Article VI, Section 4 (part). The Governor may remove any officer 
in this section mentioned,^ giving to such a copy of the charges against 

1 Sheriff, Coroner, Register of Deeds, District Attorney, and all other 
county officers except judicial officers. 

D 


34 


THE GOVERNMENT OF WISCONSLN. 


him and an opportunity of being heard in his defense. All vacancies 
shall be filled by appointment; and the person appointed to fill a 
vacancy shall hold only for the unexpired portion of the term to which 
he shall be appointed and until his successor shall be elected and 
qualified. 

Special Sessions of the Legislature. — Article V, Section 4. He 
shall have power to convene the Legislature on extraordinary oc¬ 
casions ; and in case of invasion, or danger from the prevalence of 
contagious disease at the seat of the Government, he may convene 
them at any suitable place within the State. 

During its special session, the work of the Legislature is 
confined to such business “ as shall be necessary to accom¬ 
plish the special purpose for which it was convened ” 
(Article IV, Section ii). 

Pardons. — It is customary to give important executive 
officers the power of granting pardons under certain lim¬ 
itations. This power is stated in our Constitution as 
follows: — 

Section 6. The Governor shall have the power to grant reprieves, 
commutations, and pardons, after conviction, for all offenses except 
treason and cases of impeachment, upon such conditions and with such 
restrictions and limitations as he may think proper, subject to such 
regulations as may be provided by law relative to the manner of apply¬ 
ing for pardons. Upon conviction for treason, he shall have the power 
to suspend the execution of the sentence until the case shall be reported 
to the Legislature, at its next meeting, when the Legislature shall either 
pardon, or commute the sentence, direct the execution of the sentence, 
or grant a further reprieve. He shall annually communicate to the 
Legislature each case of reprieve, commutation, or pardon granted, stat¬ 
ing the name of the convict, the crime of which he was convicted, the 
sentence and its date, and the date of the commutation, pardon, or 
reprieve, with his reasons for granting the same. 

Before an application for a pardon is made to the Gov¬ 
ernor, the judge who presided at the trial and the district 


THE EXECUTIVE POWER. 


35 

attorney who prosecuted the case must be notified. At 
the same time a notice of the application is published in a 
newspaper of the county where the case arose. The court 
record and testimony in the case accompany the applica¬ 
tion. It is customary for the Governor to receive petitions 
and give a hearing before making his decision. 

Military Powers. — In times of public disorder the mili¬ 
tary powers of the Governor may become of vast impor¬ 
tance. 

Section 4. The Governor shall be Commander-in-Chief of the mil¬ 
itary and naval ^ forces of the State. 

Article IV, Section 29. The Legislature shall determine what per¬ 
sons shall constitute the militia of the State, and may provide for organ¬ 
izing and disciplining the same in such manner as shall be prescribed 
by law. 

The able-bodied male citizens between the ages of 
eighteen and forty-five are liable to military duty and so 
constitute the unorganized militia of Wisconsin. The 
organized militia (a small portion of the entire militia) is 
known as the Wisconsin National Guard. It consists, by 
law of 1899, of not more than forty companies of infantry, 
one battery of artillery, one troop of cavalry, an adjutant 
general’s department, a quartermaster general’s depart¬ 
ment, a medical department, and such other officers as 
may be required. 

Many militia companies have been organized in the larger cities of 
the State.2 Sixty-five persons in any county who are liable to military 

1 The Constitution of the United States says (Article I, Section 10, Clause 
2), “No State shall, without the consent of Congress, . . . keep ships of war 
in time of peace.” 

2 See the list in a Blue Book. An infantry company consists of a captain, 
first and second lieutenants, five sergeants, quartermaster sergeant, five corpo- 


36 


THE GOVERNMENT OF WISCONSIN. 


duty may petition the Governor for the privilege of organizing a com¬ 
pany. The officers elected are captain and first and second lieutenant, 
and the company is provided with arms, accouterments, and stores at 
the expense of the State. Members of the National Guard are held to 
service for a term of three years. 

The Governor may order the militia, or any part of it, into active 
service ‘‘ in case of war, insurrection, rebellion, riot, invasion, resistance 
to the laws of this State, or of the United States, or in the event of pub¬ 
lic disaster resulting from flood, conflagration, or tornado.” 

If a sheriff thinks he will be unable to control a disturbance arising 
in his county, he applies for assistance to the Governor, who orders 
into service the militia companies located nearest the scene of disorder. 
Mayors of cities sometimes apply for the aid of the militia in cases of 
great disaster, when a large number of men are needed to assist those 
who have suffered, and to protect property from being plundered. 

If on duty less than thirty days, the privates receive $2 each day; 
for service beyond that time the pay is the same as that received by the 
United States regular troops. The State owns a military reservation at 
Camp Douglas. Here each company is called to camp and drill for one 
week during the summer. 

The Governor’s staff consists of an adjutant general, quartermaster 
general, surgeon general, each with the rank of brigadier general, five 
aids-de-camp with the rank of colonel, and several other officers. 

Adjutant General.—The adjutant general and quartermaster general 
have offices at Madison. The former also has the title of inspector 
general. He has custody of military records, muster rolls, and reports 
relating to the militia. It is also his duty to assist persons who are 
making claims upon the United States government for pensions.^ 

Quartermaster General. — The quartermaster general has charge of 
all military property belonging to the State. The supplies of food, 

rals, two cooks, two musicians, an artificer, and not more than forty-eight nor 
less than twenty-five privates. A battalion is composed of four companies 
and a regiment of twelve companies. The regimental officers are colonel, 
lieutenant colonel, and three majors, one from each battalion. A battery of 
artillery contains from seventeen to fifty-one men, besides officers. A troop 
of cavalry has from twenty to forty-three men, besides its officers. In time of 
war or great public danger all these organizations may be increased in size. 

1 The State Pension Agent mentioned in the Blue Book belongs to this 
office. 


THE EXECUTIVE POWER. 


37 

clothing, equipments, and ammunition that are necessary for the militia 
are purchased and distributed by this officer. 

Other Duties of the Governor. — Some general duties of 
the Governor are next to be mentioned. 

Article V, Section 4. He shall transact all necessary business with 
the officers of the Government, civil and military. He shall expedite 
all such measures, as may be resolved upon by the Legislature, and 
shall take care that the laws be faithfully executed. 

The compulsory processes that the Governor relies upon 
to bring about the faithful execution of the laws have been 
mentioned; he may remove officers whom he considers 
derelict in the discharge of their duties, and he may com¬ 
pel submission to the laws of the State by means of the 
militia. 

The statutes enumerate many specific powers and duties of the 
Governor. Whenever he thinks the rights, interests, or property of the 
State may be injuriously affected by the action of individuals, he may 
order the attorney general to bring suit against them. He may offer 
rewards for the arrest of criminals and escaped prisoners. He excecutes 
the laws on the extradition of accused persons.^ He is authorized to 
visit and inspect State institutions. He proclaims certain days to be 
observed as legal holidays.'^ Once each quarter he shall examine the 
vaults of the State Treasurer to see if the money there corresponds to the 
treasurer’s accounts. He appoints notaries public, and is a member 
ex officio of many boards and commissions. 

The Lieutenant Governor. — Ordinarily, the sole duty of 
the Lieutenant Governor is to preside in the Senate. He 
is not a member of that body and has only a casting vote. 

1 See “Government in State and Nation,” p. 316. 

The legal holidays created by statutes in this State are January ist, Feb¬ 
ruary 22d, May 30th, July 4th, December 25th, Labor Day, Thanksgiving 
Day, and general election day. When one of these days falls on Sunday, the 
succeeding Monday is a legal holiday. 


38 


THE GOVERNMENT OF WISCONSIN. 


Section 7. In case of the impeachment of the Governor, or his 
removal from office, death, inability from mental or physical disease, 
resignation, or absence from the State, the powers and duties of office 
shall devolve upon the Lieutenant Governor, for the residue of the term, 
or until the Governor, absent or impeached, shall have returned, or the 
disability shall cease. But when the Governor shall, with the consent 
of the Legislature, be out of the State in time of war, at the head of the 
military force thereof, he shall continue Commander-in-Chief of the 
military force of the State. 

Section 8. The Lieutenant Governor shall be President of the 
Senate, but shall have only a casting vote therein. If, during a vacancy 
in the office of Governor, the Lieutenant Governor shall be impeached, 
displaced, resign, die, or from mental or physical disease become inca¬ 
pable of performing the duties of his office, or be absent from the State, 
the Secretary of State shall act as Governor until the vacancy shall be 
filled, or the disability shall cease. 

Salaries.—The Constitution originally fixed the Gov¬ 
ernor’s salary at ^1250. This was changed in 1869. 

Section 5. The Governor shall receive, during his continuance in 
office, an annual compensation of five thousand dollars which shall be in 
full for all traveling or other expenses incident to his duties. 

Section 9. The Lieutenant Governor shall receive, during his con¬ 
tinuance in office, an annual compensation of one thousand dollars. 

When the Lieutenant Governor acts temporarily as Gov¬ 
ernor, he receives in addition to his salary five dollars per 
day. If he should become Governor, he would of course 
receive the Governor’s salary for the time he occupied the 
position. 

The Executive Mansion. — Besides his salary, the Governor is pro¬ 
vided with an executive mansion, situated on Gilman Street in Madison. 
A view of this residence may be found in the Blue Book ; immediately 
back of it is Lake Mendota. The Legislature has appropriated a 
contingent fund of $2000 annually during recent years which the 
Governor may expend as he sees fit, making report of its expenditure 
to the Legislature. From this fund the Governor meets the cost of 


THE EXECUTIVE POWER. 


39 


official receptions, his own expenses in attendance upon official func¬ 
tions, and the necessary outlay for entertainment and decoration in 
connection with celebrations and other notable events. 

Inauguration. — The Governor and Lieutenant Governor are inaugu¬ 
rated into office on the first Monday of January after general election. 
In connection with the inauguration, it is customary to have a reception 
and ball. 


SUGGESTIVE QUESTIONS. 

1. Why is the restriction placed upon the power of the Legislature in . 

special session ? Is there such a restriction upon Congress ? 

2. What is a reprieve? a commutation? a pardon? Why should the 

Governor report these matters to the Legislature ? Why are 
exceptions made in cases of impeachment and treason ? 


CHAPTER VIL 


THE ADMINISTRATIVE DEPARTMENTS. 

Officers and Boards. — The execution of State laws and 
the transaction of detailed business are the work of many 
State officers and boards that may be grouped together as 
the Administrative Department. The administrative of¬ 
ficers do not constitute an advisory body associated with 
the Governor; in this respect their position is quite differ¬ 
ent from that of the President’s Cabinet. 

Article VI, Section i. There shall be chosen by the qualified elec¬ 
tors of the State, at the times and places of choosing the members of 
the Legislature, a Secretary of State, Treasurer and Attorney General, 
who shall severally hold their offices for the term of two years. 

Section 2. The Secretary of State shall keep a fair record of the 
official acts of the Legislature and Executive department of the State, 
and shall, when required, lay the same and all matters relative thereto, 
before either branch of the Legislature. He shall be ex-officio Auditor 
and shall perform such other duties as shall be assigned him by law. 
He shall receive as a compensation for his services yearly, such sum 
as shall be provided by law, and shall keep his office at the seat of 
government. 

Section 3. The powers, duties and compensation of the Treasurer 
and Attorney General shall be prescribed by law. 

The Secretary of State. —It will be noticed that the prin¬ 
cipal duty of the Secretary of State is to act (i) as Cus¬ 
todian of Records, (2) as Auditor of the State. All enrolled 
bills that are enacted as laws by the Legislature 

40 


are 


THE ADMINISTRATIVE DEPARTMENTS. 


41 


deposited in this office; so that any doubt about the cor¬ 
rect wording of laws may be settled by reference to these 
records. The printing of the laws and the Blue Book and 
the taking of the census are also in charge of this office. 
Official acts of the Governor are sent to the office of the 
Secretary of State, where they are certified by the great 
seal and the Secretary’s signature, without which they are 
not legal. 

Article XIII, Section 4. It shall be the duty of the Legislature to 
provide a great seal for the State, which shall be kept by the Secretary 
of State, and all official acts of the Governor, his approbation of the 
laws excepted, shall be thereby authenticated. 

Duties as Auditor.—As Auditor, the Secretary of State 
superintends and manages the fiscal affairs of the State 
and suggests plans for the improvement of our system of 
taxation; he keeps account of all moneys received by the 
State and of all disbursements from the treasury; he 
audits all claims against the State, that is, they must 
receive his approval before they can be paid. The follow¬ 
ing section states a fundamental rule of all good govern¬ 
ment : — 

Article XIII, Section 2. No money shall be paid out of the treasury, 
except in pursuance of an appropriation by law. 

The Secretary of State is guardian of the treasury to see 
that this rule is obeyed. 

Besides these two general lines of duty, the Secretary of 
State, and his subordinate officers and clerks, have many 
miscellaneous duties in connection with elections, taxation, 
schools, public lands, and many other subjects. 


42 


THE GOVERNMENT OF WISCONSIN. 


State Treasurer.—The State Treasurer receives and 
pays out all money belonging to the State. He may pay 
out money only when authorized to do so by a warra 7 it 
issued by the Secretary of State. The Treasurer’s bond is 
not less than 100,000, and contains the names of six 
sureties. A part of the money in his charge is deposited 
in certain banks, where it draws interest; the rest is in the 
vault of the Treasurer’s office. 

Attorney General. — It is the duty of the Attorney Gen¬ 
eral to prosecute or defend all suits in which the State is a 
party in the Supreme Court, and, when necessary, in other 
courts. He also gives legal advice to district attorneys 
and to State officers. 

Besides the Secretary of State, State Treasurer, and 
Attorney General, three other administrative officers are 
elected to office. These are, the State Superintendent of 
Public Instruction,^ the Railroad Commissioner, and the 
Insurance Commissioner. 

Railroad Commissioner.—The Railroad Commissioner 
has power to inspect the railroads of the State^—their 
equipment, condition, and management—“with relation to 
the public safety and convenience.” The Commissioner 
may require reports and inspect the books of the com¬ 
panies for this purpose. Because railroads are quasi¬ 
public corporations and common carriers,® they are subject 

^ The duties of this officer will be mentioned in the chapter on Education. 

2 It will be understood that the authority of the State and its officers over 
railroads is limited to that portion of their equipment and that part of their 
business which are wholly within the State. See “Our Government,” p. 89; 
also “Government in State and Nation,” Chapter XVIII. 

® See “Government in State and Nation,” pp. loo-ioi. 




THE ADMINISTRATIVE DEPARTMENTS. 


43 


to regulation by law in a great many ways. The Com¬ 
missioner must see that these laws are obeyed. Any per¬ 
son having a grievance against a railroad company may 
report it to the Commissioner, and the matter will be 
investigated. He also has duties in connection with rail¬ 
road taxation.^ 

Insurance Commissioner. — All insurance companies 
doing business in Wisconsin must submit to the Commis¬ 
sioner of Insurance reports showing their financial condi¬ 
tion and methods of conducting business. If any company 
is considered unsound or if it does not comply with the 
State laws regulating the management of insurance busi¬ 
ness, it will not be permitted to continue its operations 
within the State. The taxation of insurance companies by 
the State is based on statistics collected by the Commis- 
sioner.2 

Bureau of Labor and Industrial Statistics. — We have 
seen how the State aims to protect its citizens against 
fraud and bodily harm through the control of railroad and 
insurance corporations. In many ways the law protects 
employees against oppression or abuse by their employers. 
It even goes farther, and prescribes many regulations con¬ 
cerning the conditions under which persons shall work in 
factories and other places. The enforcement of these 
laws is the special duty of the Bureau of Labor and Indus¬ 
trial Statistics. In this office, besides the commissioner 
and his deputy, there are six factory inspectors. These 
officers have power to visit and inspect any place where 
persons are employed, to see that the laws relating to 
1 See Chapter XI, on State Finances. 


2 Ibid. 


44 


THE GOVERNMENT OF WISCONSIN. 


wages, hours of labor, safety and comfort of employees, 
are complied with. Persons may appeal to the bureau for 
the enforcement of laws governing these matters. The 
bureau also collects statistics of the industries of the 
State; these are of great value, as furnishing the basis 
upon which new legislation may be made or the present 
laws modified.^ 

The law provides that no child between the ages of fourteen and 
sixteen shall be employed at any gainful occupation unless he has a 
permit from an officer of this department, or from a county or municipal 
judge. Children under fourteen years may not be employed in any 
factory, workshop, mine, or barroom. If children are employed at 
other occupations, they must be twelve years old, and it must be during 
the vacation period of the schools which they attend. No child under 
this age may work for wages more than ten hours a day, nor after nine 
o’clock at night, nor before six o’clock in the morning. Sweat shops 
are prohibited. 

Many other laws by which citizens are protected from danger are 
found on our statute books. Examples are laws requiring that fac¬ 
tories, public buildings, hotels, churches, and schools must be provided 
with outer doors that swing outward. Certain buildings must have fire- 
escapes. The machinery of factories must be so placed and protected 
that liability to accident will be lessened. 

Board of Arbitration. — As the manufacturing interests 
of Wisconsin become more extensive, there is greater 
chance that conflicts may arise between employers and 
employees. The State Board of Arbitration and Concilia¬ 
tion is established as a means of preventing and settling 
these disputes. When a strike or a lockout is threatened, 
or after it occurs, the members of this board appeal to 
the contestants and endeavor to persuade them to an ami¬ 
cable settlement of their differences. 

1 See “ Wisconsin Public Documents,” where reports of the administrative 
officers are found. 


THE ADMINISTRATIVE DEPARTMENTS. 45 

State Boards of Examiners. — In still other ways the 
State aims to protect the material interests of the people. 
It is very important that a high standard should be main¬ 
tained among the professional classes of the community, 
i.e. those who practice law, medicine, dentistry, and phar¬ 
macy ; 1 otherwise, the public may be imposed upon by 
unqualified persons. Before a lawyer can practice as an 
attorney before a court of record, he must be licensed, or 
admitted to the bar. Graduates of the law school of the 
State University, and graduates of other law schools of 
equal standing, are admitted to the bar without examina¬ 
tion. Other applicants must go before the State Board of 
Examiners; this is composed of five members, who are 
appointed by the Supreme Court. 

The State Board of Medical Examiners, the State Board 
of Dental Examiners, and the State Board of Pharmacy 
exist for a similar purpose. They are required to register 
the graduates of reputable professional schools; but all 
other persons wishing to enter these professions in the 
State must be examined and obtain licenses to practice. 

State Board of Health. — Another administrative depart¬ 
ment— the State Board of Health and Vital Statistics — 
has been instituted in the interests of public health. The 
laws of Wisconsin contain many provisions intended to 
prevent the sale of impure foods; they also prohibit the 
sale of adulterations and imitations of certain foods. The 
enforcement of these laws, and of others that seem neces¬ 
sary for the preservation of health and the checking of 
contagious diseases, is an obligation resting first upon the 


1 Teachers may be included in this list. See chapter on Education. 


46 


THE GOVERNMENT OF WISCONSIN. 


local authorities. The town and village boards and city 
councils may make and enforce detailed regulations gov¬ 
erning these matters. Each of these bodies may also 
constitute itself a board of health or it may appoint such 
a board. The “ health officer ” (or “ commissioner/’ as he 
is called in cities under the general law) is a physician and 
is a member of this board. His most important duty is to 
detect and report to the board of health all cases of conta¬ 
gious disease. The board then enforces proper quarantine 
measures for preventing the spread of the disease. The 
health officer must also report such cases to the State 
Board of Health. This board exercises a supervisory con¬ 
trol over the health officers and boards throughout the 
State; its representative may go to any locality and com¬ 
pel the observance of local and State laws on these 
subjects. Any person may appeal to this board when he 
thinks that the local authorities are not acting in accord¬ 
ance with the law. 

The work of the Dairy and Food Commissioner is also directed 
toward the preservation of public health. This officer, and the experts 
under him, examine dairy products and other foods with reference to 
their purity and cleanliness. Cheese factories and creameries are sub¬ 
ject to inspection by the Commissioner, and he executes the laws regu¬ 
lating the sale of milk. 

The State Board of Barber Examiners established in 1903 is em¬ 
powered to issue certificates to barbers who have had a certain term of 
experience and who possess the information and skill necessary to pre¬ 
vent the spread of the common disease of the face in the practice of 
their trade. 

The spread of contagious diseases among animals is also the subject 
of State legislation. The local boards of health have authority over 
this matter; and the State Veterinarian superintends the execution of 
the law relating to the quarantine and slaughter of animals affected by 
gontagious diseases. 


THE ADMINISTRATIVE DEPARTMENTS. 


47 


The Unfortunate Classes. — We have seen how the State 
government supplements the work of local governments in 
caring for the business interests and the health of the people. 
We have also seen (“ Our Government,” p. 4) that the poor 
and the unfortunate are to a certain extent supported by 
the local governments. But there are certain classes of 
unfortunate persons whom it is more convenient to place 
under the direct care of the State authorities in State 
institutions. The insane, the blind, the deaf, the feeble¬ 
minded, and the dependent children require, not only 
support, but also special treatment and education. These 
can best be given to them in the State charitable institu¬ 
tions, ^ which are under the management of the Board of 
Control. This board has also the management of the State 
penal institutions.^ It is composed of five members, and 
its authority over the finances, the employees, and the 
internal workings of these institutions is complete. 

It purchases supplies and disposes of the products made 
or raised by the occupants. Besides these functions, the 
Board of Control has supervision of all the local and 
county poorhouses, asylums, and jails in the State. It is 
the board’s duty to inspect these places, to investigate 
their management and the treatment and condition of their 
occupants, to report these matters to the Governor with its 
recommendations. The plans for county asylums, poor- 

1 Students should find the list ot charitable institutions in the Blue Book. 
See Blue Book for 1901, p. 508. Illustrations of the buildings may also be 
found here, together with facts concerning the inmates and the cost of main¬ 
tenance. The expense of supporting the inmates is borne partly by the 
counties from which they come. See chapter on Finances of the State. 

2 See Blue Book. Here, also, is an extract from the law stating the duties 
of the Board of Control. 


48 


THE GOVERNMENT OF WISCONSIN. 


houses, and jails must be submitted to the Board of Con¬ 
trol before these buildings can be constructed. Such 
buildings may be condemned by the Board, if, in its judg¬ 
ment, they are unsafe or dangerous to the health of the 
occupants. 

Fish and Game Laws. — The State recognizes the im¬ 
portance of the sports, as well as the business interests, of 
its citizens, in the regulation of fishing and hunting. Cer¬ 
tain times are fixed within which it is unlawful to capture 
fish and game. Certain methods of hunting and fishing 
are also prohibited. All police officers are charged with 
the execution of the law on this subject; besides, there 
is a State Fish and Game Warden, with deputies through¬ 
out the State, whose special duty it is to discover viola¬ 
tions of the law. The Board of Commissioners of Fisheries 
have charge of the propagation and breeding of fish. 
This is conducted at the State hatcheries, located at Mad¬ 
ison and Bayfield, and at a station in Oshkosh. From 
these places, fish are carried to streams and lakes in all 
parts of the State. 

The State government assists by appropriations numerous societies 
which are organized and maintained by the efforts of individuals. 
These societies are thus enabled to conduct investigations and to print 
reports that are of great value to students and to the people in general. 
The Wisconsin Historical Society is supported by the State and holds 
in trust one of the greatest libraries in the country. This, and the 
library of the State University, are placed in a magnificent library build¬ 
ing at Madison .1 

Within a few years an important commission has been created to 
investigate the natural resources of the State. It is to conduct a Geo- 

^ See illustration in Blue Book. A complete list of societies, some of which 
receive State aid, is found in the Blue Book. 


THE ADMINISTRATIVE DEPARTMENTS. 


49 


logical and Natural History Survey, and to make a scientific study of 
the building stones, mineral deposits, soils, and plant and animal life of 
Wisconsin. 

The State and the People.—Throughout this and other 
chapters, we have spoken of “the State” and “State 
laws ” as if these were above and controlling the people of 
Wisconsin. The facts given concerning the administrative 
department should make it apparent that there is no real 
distinction between the State and the people. The citizens 
are the State; the latter is not an outside power ruling 
over the people; it is not an abstract conception; nor is it 
a body of officials at Madison. The laws and the officers 
merely express the will of the people, who are guardians of 
their own business interests, health, and welfare. It is the 
people who protect themselves against the unscrupulous, 
the cruel, and the selfish members of society through the 
laws that are administered by the officers and boards that 
we have been discussing. If, therefore, any of their inter¬ 
ests are neglected, the people are responsible in the end, 
and they have in their own hands the remedy. Every 
citizen, through his influence upon public opinion, helps 
to make and execute the laws that guard the well-being of 
all the people. 

SUGGESTIVE QUESTIONS. 

1. Many interesting details of the laws regulating railroads may be 

found in Chapter 87, of the Revised Statutes. Are these laws 
enforced ? 

2. How do you justify the laws regulating the labor of children ? 

The laws relating to outer doors and fire-escapes? What are 
sweat shops? (See Chapter 232, Laws of 1899.) Why should 
they be prohibited ? Are these laws in conflict with Article I, 
Section i, of the Constitution? 


50 THE GOVERNMENT OF WISCONSIN. 

3. What is the difference between arbitration and conciliation ? See 

the reports of the State Board for a statement of its work (Wis¬ 
consin Public Documents). 

4. The number of persons in the State charitable institutions is 

stated in the Blue Book (1901, p. 511). Here also is a de¬ 
scription of the work done in some of the schools. 

5. What difference is there between the State Prison at Waupun 

and the State Reformatory at Green Bay ? See statement of the 
purposes of the latter, in Blue Book, 1901, pp. 524-525. 

6. The Wisconsin Industrial School for Girls is a semi-State institu¬ 

tion. See Blue Book, 1901, pp. 525-526. 

7. Why should the Board of Control have authority over local 

asylums, poorhouses, and jails? 

8. In most States, every charitable institution has its own board of 

trustees. Is our system of central control under one board 
better? 

9. When a person violates the fish and game laws, against whom is 

he committing an offense ? 

10. What are the publications of the Wisconsin Geological and Natu¬ 

ral History Survey? (Blue Book, 1901, pp. 641-642.) 

11. What is the size of the State Historical Library, and how does it 

rank among the libraries of the country? (Blue Book, 1901, 
pp. 644-645.) 

12. The administrative officers not mentioned in this chapter are: 

the Commissioner of Public Lands, State Forestry Commis¬ 
sion, Superintendent of Public Property, Commissioner of 
Banking, Treasury Agent, Pension Agent, Oil Inspector, and 
Lumber Inspectors. Their duties may be learned by reference 
to the statutes. 

13. What are some of the laws relating to pure foods ? Are they 

enforced ? 

14. What quarantine regulations may be enforced ? 

15. What are the dates of the open and closed seasons for the 

various kinds of fish and game? 


CHAPTER VIII. 


THE JUDICIAL DEPARTMENT. 

How Cases Arise. — Thus far in our study of the govern¬ 
ment of Wisconsin we have had in mind chiefly the 
processes by which laws are enacted, and executed or 
administered. If all men could agree upon the exact 
meaning of these laws and if all were disposed to obey 
them, little more government than has been described 
would be necessary. Because neither of these suppositions 
is true, another distinct department of government becomes 
necessary — the judiciary — with officers and courts in 
both local and State governments. It is natural that men 
should differ in their interpretation of laws; and unfor¬ 
tunately, the violation of law is very common. It is in 
these ways that cases arise, and it is for the trial of cases 
that courts and judicial officers are provided. 

Courts of the State. — Article VII, Section 2 (part). The judicial 
power of this State, both as to matters of law and equity, shall be vested 
in a supreme court, circuit courts, courts of probate and in justices of the 
peace. The Legislature may also vest such jurisdiction as shall be 
deemed necessary in municipal courts, and shall have power to establish 
inferior courts, in the several counties, with limited civil and criminal 
jurisdiction. 

For each of these courts appropriate officers are pro¬ 
vided. Justices of the peace are elected at the spring 

51 


52 


THE GOVERNMENT OF WISCONSIN. 


election. In every town and village there are four justices, 
two being elected each year for a term of two years. 

Municipal and Inferior Courts. — In cities and in many 
counties the amount of judicial work is great and its na¬ 
ture is such that other courts besides justice courts are 
necessary. Hence we have the municipal and inferior 
courts mentioned in Section 2. These are not organized 
into a uniform system, as the justice and circuit courts 
are, but the Legislature has provided for them in cities 
and in certain other localities according to the circum¬ 
stances of each place. 

Circuit Courts. —Omitting for the present the courts of 
probate, we next notice the circuit courts. When the 
State government was first organized the State was divided 
into five judicial circuits.^ The increase and shifting of 
population have rendered new divisions necessary, until at 
present there are seventeen such circuits, as shown by the 
map in the Blue Book. The term of office of circuit 
judges is six years. 

Election of Judges. — In the performance of their duties 
it is very important that judicial officers should be im¬ 
partial. The pure administration of justice requires that 
all considerations of party politics should be banished from 
the court. As an aid in this direction, all judicial elections 
are held in the spring, in connection with local elections. 

Section 9 (part). There shall be no election for a judge or judges 
at any general election for State or county officers, nor within thirty 
days either before or after such election. 

1 See Article VII, Section 5, as printed in the Blue Book, before it was 
amended. 


THE JUDICIAL DEPARTMENT. 


53 


Candidates for circuit and supreme judgeships are 
nominated by the political parties ; but frequently a nomi¬ 
nee is indorsed by both parties. On the whole, politics 
has entered comparatively little into these elections in 
Wisconsin. This is one reason for the purity of our 
courts. Voters should see to it that a non-partisan judi¬ 
ciary remains a permanent institution in this State. 

Terms of Circuit Courts. — The rule concerning sessions 
of the circuit courts is as follows : — 

Section ii (part). A circuit court shall be held at least twice in 
each year, in each county of this State organized for judicial purposes. 
The judges of the circuit court may hold courts for each other, and 
shall do so when required by law. 

In each county of a circuit there is a spring and an 
autumn term of this court. Considerable judicial business 
is transacted by the circuit judge without a formal session 
of the court. When acting in this manner the judge 
is said to sit “at chambers.” 

Officers of the Circuit Court. — An important officer of 
the circuit court is the clerk, who keeps its records and 
attends to various details of its business. 

The sheriff and the district attorney are properly re¬ 
garded as officers of the circuit court. It is the duty of the 
former to be in attendance at its sessions, to take charge 
of prisoners and juries, and to execute the decrees and 
writs of the court. The district attorney is the prosecuting 
lawyer in criminal cases, and he defends the county in 
civil suits that may be brought against it. 


54 


THE GOVERNMENT OF WISCONSIN. 


The Supreme Court — Our system of courts is completed 
by the supreme court, which sits at Madison.^ 

Section 4. The chief justice and associate justices of the supreme 
court shall be severally known as the justices of said court, with the 
same terms of office of ten years respectively as now provided. The 
supreme court shall consist of seven justices, any four of whom shall be 
a quorum, to be elected as now provided, not more than one each year. 
The justice having been longest a continuous member of said court, or 
in case two or more such senior justices shall have served for the same 
length of time, then the one whose commission first expires shall be, ex 
officio, the chief justice. 

Concerning the terms or sessions of the supreme court, 
the Constitution says : — 

Section 11. The supreme court shall hold at least one term annually, 
at the seat of government of the State, at such time as shall be provided 
by law, and the Legislature may provide for holding other terms, and at 
other places, when they may deem it necessary. 

The terms of the court begin in January and August of 
each year. The supreme court appoints its own clerk. 
Vacancies in circuit and supreme courts are provided for 
as follows : — 

Section 9. When a vacancy shall happen in the office of judge 
of the supreme or circuit courts, such vacancy shall be filled by an 
appointment of the Governor, which shall continue until a successor is 
elected and qualified, and when elected, such successor shall hold his 
office the residue of the unexpired term. 

Circuit judges receive a salary of ^3600 with $400 for 
expenses; justices of the supreme court receive 1^5000. 

^ Originally, the supreme court was composed of the judges of the circuit 
courts. In 1877, by amendment to the Constitution, a separate supreme court 
was established, consisting of five justices. The section quoted above was 
adopted in 1903. 


THE JUDICIAL DEPARTMENT. 


55 


We have now before us an outline of the judicial system 
of Wisconsin, ranging from the lowest courts to the 
highest. We shall next see how the trial of cases is ordi¬ 
narily conducted. 

Kinds of Cases. — In every suit at law there are two 
parties, the plaintijf^ who begins the case, and the defend- 
ant, against whom the action is brought. When one party 
brings suit against another for the protection or enforce¬ 
ment of a private right we have what is called a civil case. 
Some common examples of civil cases are those involving 
questions of the fulfillment of contracts, the relations of 
employer to employee, the possession of property, the 
collection of debts, the validity of deeds and mortgages. 
In a criminal case it is supposed that a wrong has been 
committed, against an individual in most instances, but the 
nature of the criminal act is such that the public peace, 
dignity, or security are also affected. Hence these crim- 
inal acts have been prohibited by law, and penalties have 
been affixed to their commission. At the same time, the 
injured party is generally entitled to compensation for the 
injury he has received. Because public interests are 
affected by criminal acts, the State is plaintiff in all 
criminal cases. Among the most serious crimes are treason, 
murder in its various degrees, arson, burglary, theft, rob¬ 
bery, perjury, bribery, and embezzlement. Some of the 
minor criminal offenses are assault and battery, unlawful 
assembly and riot, and trespass. 

The Complaint. — The first step in a criminal prosecution 
is the complaint — a formal accusation against the sup¬ 
posed criminal. Any person who has been wronged by a 


56 


THE GOVERNMENT OF WISCONSIN. 


criminal act may go before a justice of the peace or other 
judicial officer and cause this writ to be issued. It is also 
the privilege, and we may say that generally it is the duty, 
of every citizen to take the same measures when he knows 
that public interests are suffering from the violation of 
law. Moreover, it is the sworn duty of each district 
attorney, justice of the peace, constable, marshal, sheriff, 
and policeman to make this accusation in cases of law¬ 
breaking that come within his knowledge. In every in¬ 
stance, however, the complaint must contain a specific 
accusation against a particular person, supported by the 
oath of a responsible person that in his opinion the accused 
is guilty. If the accusation is made maliciously and with¬ 
out sufficient grounds, the complainant is liable to punish¬ 
ment. Hence, some caution is required in taking this 
step, and this is one reason why the violation of law 
frequently goes unpunished. 

Arrest. — Following the complaint, a warrant of arrest 
must be issued by the justice. A person may be arrested 
without the complaint and warrant if he is caught in the 
act of committing an offense, or if there has been no 
opportunity for the issuance of these writs. He must then 
be taken before a judicial officer, so that the complaint 
and warrant may be duly issued. 

Search for Goods. — If in the course of a criminal prose¬ 
cution it becomes necessary to find goods that are con¬ 
cealed, the justice will issue a search zvarrant. Affidavit 
must be made, containing a specific description of the 
goods and the place where they are supposed to be. As a 
protection against the malicious or unnecessary issuance 


THE JUDICIAL DEPARTMENT. 


57 


of warrants of arrest and search warrants, the Constitution 
contains this clause : — 

Article I, Section ii. The right of the people to be secure in their 
persons, houses, papers, and effects against unreasonable searches and 
seizures shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly de¬ 
scribing the place to be searched, and the persons or things to be seized. 

The Constitution also contains, in the following lan¬ 
guage, a general guarantee of protection against arbitrary 
or unusual proceedings : — 

Section 8 (part). No person shall be held to answer for a criminal 
offense without due process of law. 

This part of Section 8 originally read: No person shall be held to 
answer for a criminal offense unless on the presentment or indictment 
of a grand jury, except in cases of impeachment, or in cases cognizable 
by justices of the peace, or arising in the army or navy, or in the militia 
when in actual service in time of war or public danger. 

The grand jury system, similar to that now employed under United 
States law and in most States, was abandoned in Wisconsin by amend¬ 
ment to the Constitution in 1870. It may still be used, however, if the 
“due process of law” which has been described fails to operate suc¬ 
cessfully towards the enforcement of law. At his discretion, a circuit 
judge may summon a grand jury of from fifteen to seventeen persons. 
The method and result of their proceedings are similar to those of 
grand juries under United States law (see “Our Government,” p. 162; 
also “Government in State and Nation,” pp. 71, 310-311). 

The further proceedings in this “ due process ” will depend upon the 
nature of the case and the character of the court issuing the warrant. 
If the offense charged is one over which this court has jurisdiction, the 
trial may proceed at once. Justices of the peace may try persons ac¬ 
cused of crimes for which the punishment is not more than six months’ 
imprisonment in the county jail or a fine of $100, or both such fine and 
imprisonment. Police justices in cities have authority to try offenses 
committed against the city ordinances, and they have also the same 
criminal jurisdiction as justices of the peace. Municipal courts may be 
given jurisdiction over both minor and serious offenses. 


58 


THE GOVERNMENT OF WISCONSIN. 


Preliminary Examination. — If the court that issued the 
complaint and warrant is not competent to try the case, it 
conducts a prclimmary examination for the purpose of 
ascertaining whether the accused may be held for trial in 
a higher court. For instance, a person arrested on a charge 
of murder is ordinarily taken before a justice of the peace or 
a municipal judge, who conducts the preliminary examina¬ 
tion. The testimony of witnesses is taken and arguments 
of lawyers are heard as far as may be necessary to deter¬ 
mine whether there is good reason to believe the prisoner 
guilty of the offense charged. If there is not good evi¬ 
dence upon this point the prisoner will be discharged. 
Otherwise he will be admitted to bail or committed to jail 
to await trial at the next session of the circuit court. 

Besides the rule that “excessive bail shall not be re¬ 
quired “ (Article I, Section 6), the Constitution contains a 
further guarantee. 

Section 8 (part). All persons shall before conviction be bailable by 
sufficient sureties, except for capital offenses when the proof is evident 
or the presumption great.^ 

Selection of a Jury. — Before proceeding to describe the 
trial of a prisoner in the circuit court, let us see how the 
jury is selected.^ The judge of the circuit court appoints 
in each county of the circuit three jury commissioners^ one 

1 As there are no capital offenses in Wisconsin, all accused persons are 
bailable; but since the amount of bail may be fixed by the judge, it may be 
so large as virtually to mean the denial of bail. 

2 In a justice court the trial will be without a jury, unless the accused 
demands one. In this case, the constable writes the names of eighteen inhabi¬ 
tants of the county liable to jury duty; from this list each party to the suit 
strikes out six names. The remaining six constitute the jury. Juries in civil 
suits are obtained in the same manner. 


THE JUDICIAL DEPARTMENT. 


59 


each year, for terms of three years. These commissioners 
make a list of names of persons residing in the county 
who are qualified to serve as jurors. The number of names 
is determined by the judge. The list is put into the hands 
of the clerk of the circuit court, who writes the names on 
slips of paper and deposits them in a box. At a meeting 
of the commissioners, held from fifteen to thirty days be¬ 
fore the term of the circuit court, the clerk draws from the 
box by lot thirty-six names. The persons thus selected 
are the petit jitry for that term of the court. They con¬ 
stitute the panel from which a trial jury is drawn, as each 
case requiring a jury comes before the court for trial. 

Who may be Jurors. — All persons who are citizens of the United 
States and qualified electors of this State are liable to jury duty, unless 
exempt. The jury commissioners are directed, in making out their list, 
to select “such persons only as they know or have good reason to be¬ 
lieve are possessed of their natural faculties, and are not infirm or 
decrepit; who are esteemed in their communities as men of good 
character, approved integrity, and sound judgment, and who are able to 
read and write the English language understandingly.” The following 
is a list of the principal classes of persons exempt from jury duty: 
officials, ministers, physicians, lawyers, dentists, teachers, presidents 
and cashiers of banks, telegraph operators, most railroad employees, 
members of fire companies that are organized according to law, mem¬ 
bers of militia companies, persons more than 6o years of age, persons 
who have served as petit jurors within one year. 

The Trial Jury. — Each petit juror is summoned by a 
venire, and all remain in attendance during the term of the 
circuit court. For this service they receive three dollars 
per day and six cents mileage. When a case that requires 
a jury is about to be tried, the trial jury is selected in the 
following manner: The name of each petit juror has been 
written on a slip of paper and placed in a box. As each 


6o 


THE GOVERNMENT OF WISCONSIN. 


name is drawn by lot the juror is accepted, unless objec¬ 
tion is made to his serving on this case. If the judge is 
satisfied that he would not be “ indifferent,” or unpreju¬ 
diced, he is excused “ for cause.” Failing to have the 
juror excused on these grounds, the party not wishing him 
may reject him peremptorily — without the assignment of 
a reason. The law entitles each party in a case to a cer¬ 
tain number of peremptoiy challe^iges. It may thus happen 
that the entire panel of the petit jury may be exhausted in 
the effort to get a satisfactory trial jury. New names may 
then be drawn from the list made by the jury commission¬ 
ers. This list must be kept supplied with names to the 
number of at least 150. Or persons competent to serve 
as jurors may be taken from the bystanders. Persons 
thus chosen are called talesmen. When twelve jurors 
have been accepted, the trial jury is complete. 

Among the fundamental guarantees contained in the 
declaration of rights of our Constitution are the following, 
which are intended to secure fair treatment to an accused 
person when on trial for a crime: — 

Article I, Section 7 . In all criminal prosecutions, the accused shall 
enjoy the right to be heard by himself and counsel, to demand the 
nature and cause of the accusation against him, to meet the witnesses 
face to face: to have compulsory process to compel the attendance of 
witnesses in his behalf: and in prosecutions by indictment or informa¬ 
tion, to a speedy public trial by an impartial jury of the county or dis¬ 
trict wherein the offense shall have been committed; which county or 
district shall have been previously ascertained by law. 

The legal presumption in criminal cases is always in 
favor of the innocence of the accused. Hence the prose¬ 
cuting attorney (in the circuit court the district attorney) 


THE JUDICIAL DEPARTMENT. 


6l 


must present proofs of guilt, and the prisoner is given 
every opportunity for defense. If he is unable to employ 
a lawyer, one will be furnished at the expense of the 
county. Witnesses may be subpoenaed by both parties in 
the case, but no accused person “ shall be compelled in 
any criminal case to be a witness against himself(Sec¬ 
tion 8). 

Steps in a Trial. — The prosecution begins the direct 
exammation of its witnesses; each is then subjected to 
cross-examination by the defendant’s attorney. The testi¬ 
mony of witnesses for the defendant is taken and they are 
cross-examined by the prosecution. In a jury trial the 
judge decides all questions of law that arise; the jury 
decides questions of fact. Questions regarding the com¬ 
petency of jurors to serve, the admission of testimony, or 
the regularity of the proceedings are questions of law. 
When the ruling of the judge upon one of these questions 
is not satisfactory to one party in the case, his attorney 
may take exception to it. At the close of the trial the 
attorney for the defeated side may collect these excep¬ 
tions into a hill of exceptions. He is given opportunity to 
argue for a new trial upon the basis of this bill. 

When all the testimony has been heard, the lawyers 
deliver their arguments and the judge gives the charge to 
the jury. He instructs them concerning the law govern¬ 
ing the case they are deciding, leaving the jury free to 
determine what facts have been proved by the testimony. 
The sheriff then takes charge of the jury and they are 
kept from contact with other persons until some conclu¬ 
sion is reached — either a unanimous decision of the casq 


62 


THE GOVERNMENT OF WISCONSIN. 


or a failure to agree. The decision of the jury is called a 
verdict. If the prisoner is convicted, the judge pronounces 
sentence and directs the sheriff to execute jtidgnient upon 
the person of the one convicted, by committing him to jail, 
or upon his goods by compelling him to pay a fine. Or, 
the judgment may include both imprisonment and fine. In 
the imposition of penalties courts must be guided by the 
constitutional prohibition of “ excessive fines ” and “ cruel 
and unjust punishments ” (Article I, Section 6). 

A new trial may be granted for the following reasons: error in the 
rulings of the court, a verdict that is contrary to law, excessive or 
inadequate damages, the discovery of new evidence. But the accused 
cannot be convicted on the second trial of an offense of which he was 
acquitted on the first; for the Constitution provides that “ no person, 
for the same offense, shall be put twice in jeopardy of punishment ” 
(Section 8). 

Civil Cases. — In civil- cases a suit is begun by service of 
a stmimons upon the defendant at the request of the plain¬ 
tiff. If the defendant fails to appear at the time and 
place specified, judgment is rendered against him. In 
some civil cases the defendant may be arrested on warrant. 
The trial proceeds by the hearing of testimony very much 
as in a criminal case. 

Appeals. — A case, either civil or criminal, may be ap¬ 
pealed from a lower to a higher court in accordance with 
the provision that — 

Article I, Section 21. Writs of error shall never be prohibited 
by law. 

It may be claimed by the party making the appeal that 
the court where the case was tried had not jurisdiction 
over it, that the proceedings of the trial were not techni- 


THE JUDICIAL DEPARTMENT. 63 

cally correct, that the rulings of the court, as specified in 
the bill of exceptions, were contrary to law. 

The Jurisdiction of Courts. — When we speak of the 
jurisdiction of a court, we refer to the extent of its power 
to consider cases. This power is limited (i) geograph¬ 
ically, (2) by the nature of the cases that arise. The 
jurisdiction of a justice of the peace extends over the 
county in which he is elected; a circuit court has juris¬ 
diction only within its circuit, and the supreme court’s 
jurisdiction is confined to cases arising within the State. 
Municipal and inferior courts operate within certain de¬ 
fined localities. A case may be removed from one justice 
to another; or from the circuit court of one county to that 
of another, if there are reasons why an impartial trial can¬ 
not be had in the court where the case originated. 
Popular prejudice or the peculiar relations of the judge to 
the parties in a case would constitute sufficient reasons for 
a cha7tge of venue, as these removals are called. Sometimes 
a circuit judge is called to hear a case in another circuit 
than his own. 

The jurisdiction of courts also depends upon the nature 
of cases. The criminal jurisdiction of the lower courts has 
been stated (see p. 57). The justice courts are competent 
to try civil cases when the amount in controversy does not 
exceed ^200. The jurisdiction of municipal courts is 
stated in the laws creating them, but it is always limited by 
the language of the Constitution. 

Article VII, Section 2. The jurisdiction which may be vested in 
municipal courts shall not exceed, in their respective municipalities, 
that of circuit courts in their respective circuits, as prescribed in this 
Constitution. 


64 


THE GOVERNMENT OF WISCONSIN. 


Original and Appellate Jurisdiction. — A court has orig~ 
mal jurisdiction over cases which may be begun in that 
court. It has appellate jurisdiction over cases that may be 
appealed to it from lower courts. Concerning the juris¬ 
diction of circuit courts, the Constitution says : — 

Section 8. The circuit courts shall have original jurisdiction in all 
matters, civil and criminal, within this State, not excepted in this Con¬ 
stitution, and not hereafter prohibited by law, and appellate jurisdiction 
from all inferior courts and tribunals, and a supervisory control over the 
same. 

We have seen that original jurisdiction over minor civil 
and criminal cases has been given by law to justice courts, 
and that municipal and inferior courts are given a large 
share of judicial business in their respective localities. 
Again, as we shall see, the supreme court has original 
jurisdiction in some matters. There remain enough cases, 
however, which must be begun in the circuit court, to 
render that a most important tribunal. For the determi¬ 
nation of facts in cases tried in it, the circuit court is 
inferior to no other court in the State; but questions of 
law may be appealed from it to the supreme court. The 
circuit court is itself a court of appeal in its relations to 
justice and other lower courts. 

The Supreme Court’s Jurisdiction. — The jurisdiction of 
the supreme court is thus indicated : — 

Article VII, Section 3. The supreme court, except in cases otherwise 
provided in this Constitution,! shall have appellate jurisdiction only, 
which shall be coextensive with the State; but in no case removed to 
the supreme court shall a trial by jury be allowed. 

! These exceptions may be grouped under two heads: (i) The supreme 
court has original jurisdiction in the issuance of the writs soon to be men- 


THE JUDICIAL DEPARTMENT. 


65 


There may be a jury for the trial of a case originating in 
the supreme court, but not in a case appealed to it. In the 
latter cases the supreme court accepts the facts as decided 
in the lower court, or, if the facts are uncertain, the supreme 
court may order that they be determined by a jury in the 
court from which the case was appealed. 

Such, in general, is the distribution of authority in ordinary cases 
among the courts of the State. The supreme and the circuit courts also 
have power to issue certain writs. 

Article VII, Section 3. The supreme court shall have a general 
superintending control over all inferior courts; it shall have power to 
issue writs of habeas corpus, mandamus, injunction, quo warranto, 
certiorari and other original and remedial writs, and to hear and de¬ 
termine the same. 

Section 8. They [circuit courts] shall also have the power to issue 
writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, 
and all other writs necessary to carry into effect their orders, judgments 
and decrees, and give them a general control over inferior courts and 
jurisdiction. 

Habeas Corpus. — When a person thinks himself illegally imprisoned 
(except it be by virtue of the final decree of a court) he may apply for 
this writ by having drawn up in his behalf a petition that states the 
grounds upon which he thinks the imprisonment illegal. This petition 
may be addressed to any judicial officer, who immediately upon receiv¬ 
ing it shall issue the writ of habeas corpus. This writ commands the 
officer who is in charge of the petitioner to bring him before the judge, 
issuing the writ, who will decide whether the prisoner is legally detained 
or not. 

Article I, section 8. The privilege of the writ of habeas corptis shall 
not be suspended unless when in cases of rebellion or invasion the 
public safety may require. 

tioned; (2) in accordance with Article IV, Section 27 of the Constitution — 
the Legislature shall direct by law in what manner and in what courts suits 
may be brought against the State, — the Legislature has directed that when a 
claim against the State is rejected by the Legislature the claimant may 
commence suit against the State in the supreme court. 

F 


66 


THE GOVERNMENT OF WISCONSIN. 


In times of great public danger it is sometimes necessary to arrest 
and hold persons who are suspected of criminal acts or intentions, when 
it is impossible to secure sufficient evidence to hold and try them regu¬ 
larly. This is the case when “ martial law ” is declared to be in force. 
But individuals might suffer great wrongs if such arbitrary power could 
be exercised at any time or under ordinary circumstances. In Russia, 
however, persons are arrested and held, and sometimes even punished, 
without being given an opportunity to appear before a court. 

Other Writs. —The writ of ijiandaimis commands an inferior court 
or a person to perform a certain duty. An mjimction orders a person 
to do or not to do a certain thing.^ The writ of quo warra 7 ito sets in 
action an inquiry as to the right of a person to perform a certain act. 
The writ of certiorari calls the record of a case, or the case itself, from 
an inferior to a higher court for the purpose of bringing about more 
complete justice. 

Probate Business. — County courts have intrusted to 
them a particular kind of business. 

Article VII, Section 14. There shall be chosen in each county, by 
the qualified electors thereof, a judge of probate, who shall hold his 
office for two years, and until his successor shall be elected and quali¬ 
fied, and whose jurisdiction, powers and duties shall be prescribed by 
law. Provided^ however, that the Legislature shall have power to abol¬ 
ish the office of judge of probate in any county, and to confer probate 
powers upon such inferior courts as may be established in said county. 

The Legislature abolished the office of judge of probate 
in 1849 and vested probate powers in the county court,^ 
composed of one judge in each county. This judge is 
elected for a term of four years. Probate business includes 
the settlement of the estates of deceased persons, the ap¬ 
pointment of guardians for minors, and other matters natu- 

1 See government by injunction, “ Government in State and Nation,” 
pp. 109, no. 

2 Many county courts of the State are also given civil and criminal juris¬ 
diction. 


THE JUDICIAL DEPARTMENT. 


67 


rally arising in connection with these subjects. A person 
who dies without leaving a will is said to die intestate ; the 
county judge appoints an administrator of the estate. If 
the deceased left a will, some person would be named in 
it as executor. Administrators and executors of estates 
dispose of the property in their charge in accordance with 
the laws provided in such cases. They, as well as guar¬ 
dians, are under supervision of the county judge and make 
reports to him of the conduct of this business. 

The Courts and the People.—We have taken a very 
general view of the courts of the State. The judgments 
of these courts may not at times be in accord with our 
ideas of absolute justice, but so far as the law is concerned 
their decisions are final and should be accepted by all good 
citizens. If the courts grossly violate the people’s ideas of 
real justice, means are provided whereby, through elections 
and legislation, such wrongs may be remedied. 

Impeachment. — Not all the judicial business of the State 
is conducted in the courts. One important function ^ of 
this nature is vested in the Legislature; this is the power 
of passing judgment upon the conduct of officers by pro¬ 
cess of impeachment. 

Article V, Section i. The court for the trial of impeachments shall 
be composed of the Senate. The House of Representatives shall have 
the power of impeaching all civil officers of this State, for corrupt con¬ 
duct in office, or for crimes and misdemeanors; but a majority of all 

1 This function is important when exercised; but this happens so seldom 
that it seems unnecessary to enlarge upon the process as stated in the section 
quoted. 


68 


THE GOVERNMENT OF WISCONSIN. 


the members elected shall concur in an impeachment. On the trial of 
an impeachment against the Governor, the Lieutenant-Governor shall 
not act as a member of the court. No judicial officer shall exercise his 
office, after he shall have been impeached, until his acquittal. Before 
the trial of an impeachment, the members of the court shall take an 
oath or affirmation, truly and impartially to try the impeachment ac¬ 
cording to evidence; and no person shall be convicted without the 
concurrence of two-thirds of the members present. Judgment in cases 
of impeachment shall not extend further than to removal from office, or 
removal from office and disqualification to hold any office of honor, 
profit or trust under the State; but the party impeached shall be liable 
to indictment, trial and punishment according to law. 

This power is given to the Legislature, as the body rep¬ 
resenting the people of the State, because all officers 
should be responsible, ultimately, to the people, whose 
servants they are. 

SUGGESTIVE QUESTIONS. 

1. The processes described in connection with trials can best be 

understood by the use of legal blanks which may be obtained 
from lawyers, local officers, or printing offices. The class should 
have blank forms for complaint, sufnmons, warrant of arrest, search 
warrant, venire, stcbpcena. 

2. In what judicial circuit do you live? How large is it? Who is 

circuit judge? When and where are the regular terms of this 
court held? 

3. In the Blue Book will be found the names and terms of service of 

the Supreme Court justices. 

4. How many of the sections quoted in this chapter correspond to 

certain sections of the United States Constitution? Why is it 
necessary to repeat these provisions in our State Constitution ? 
Does the first sentence of Article I, Section 8, as amended, con¬ 
flict with Amendment V of the United States Constitution? 

5. What is the meaning of the words petit and grand used in connec¬ 

tion with juries ? 

6. The method by which the petit jury is selected was first prescribed 


THE JUDICIAL DEPARTMENT. 69 

by law in 1897. What was the former method ? Obtain the 
opinions of lawyers as to which is better. 

7. Do lawyers favor the abolition or modification of our jury system ? 

8. What is the attitude of citizens of your acquaintance toward jury 

service ? 

9. How do you account for the conflicting testimony given by wit¬ 

nesses in trials ? 


CHAPTER IX. 


NOMINATIONS AND ELECTIONS. 

Why Elections are Important.—Probably the most inter¬ 
esting operation of government is that by which men are 
elected to office. In no other way do so many citizens 
perform a public duty on a footing of apparent equality. 
The rewards that fall to successful candidates and the 
element of personal rivalry add to the interest of elections. 
Moreover, there is the fundamental fact that through elec¬ 
tions the private citizen consciously endeavors to shape 
public policy, and thus realizes in practice that ours is a 
government “by the people.” 

Qualification of Voters. — It is natural at the beginning 
of this topic to inquire. Who are voters,*^ The Constitu¬ 
tion of the State answers the question very definitely. 

Article III, Section i. Every male person of the age of twenty-one 
years or upwards belonging to either of the following classes who shall 
have resided within the State for one year next preceding any election, 
and in the election district where he offers to vote, such time as may be 
prescribed by the Legislature, not exceeding thirty days, shall be deemed 
a qualified elector at such election. 

I. Citizens^ of the United States. 

^The first section originally contained the word white before the word 
citizens in (i) and before the word persons in (2). It was stricken out by an 
amendment made in 1882. 


70 


NOMINATIONS AND ELECTIONS. 


2. Persons of foreign birth who shall have declared their intention to 
become citizens conformably to the laws of the United States on the 
subject of naturalization. 

3. Persons of Indian blood who have once been declared by law of 
Congress to be citizens of the United States, any subsequent law of 
Congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any tribe; 
provided^ that the Legislature may at any time extend by law the right 
of suffrage to persons not herein enumerated; but no such law shall be 
in force until the same shall have been submitted to a vote of the people 
at a general election and approved by a majority of all the votes cast at 
such election; and provided further, that in incorporated cities and 
villages, the Legislature may provide for the registration of electors and 
prescribe proper rules and regulations therefor. 

Section 2. No person under guardianship, non-compos mentis, or 
insane, shall be qualified to vote at any election ; nor shall any person 
convicted of treason, or felony, be qualified to vote at any election, 
unless restored to civil rights. 

Section 3. All votes shall be given by ballot, except for such town¬ 
ship officers as may by law be directed, or allowed to be otherwise chosen. 

Section 4. No person shall be deemed to have lost his residence in 
this State, by reason of his absence on business of the United States, 
or of this State. 

Section 5. No soldier, seaman, or marine in the Army or Navy of 
the United States shall be deemed a resident of this State, in conse¬ 
quence of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suffrage 
all persons who have been or may be convicted of bribery, or larceny, or 
of any infamous crime, and depriving every person who shall make, or 
become directly, or indirectly interested, in any bet or wager depending 
upon the result of any election, from the right to vote at such election. 

Article XIII, Section 2. Any inhabitant of this State who may 
hereafter be engaged, either directly or indirectly in a duel, either as 
principal or accessory, shall forever be disqualified as an elector, and 
from holding any office under the Constitution and laws of this State, 
and may be punished in such other manner as shall be prescribed by 
law. 

Residence. — The Legislature has prescribed a residence 
of ten days in the election district where a person offers to 


72 


THE GOVERNMENT OF WISCONSIN. 


vote, except for school elections, when the term is thirty 
days. Many troublesome questions arise in determining 
the residence of voters, and the law provides for these 
cases specifically. (See Revised Statutes, Section 69.) 

When Women may Vote. — A limited right of suffrage 
was extended to women by a law of 1885, which was ratified 
by popular vote. Women who are otherwise qualified may 
vote in “ any election pertaining to school matters.” By a 
law of 1901 (chapter 285) separate ballots and ballot boxes 
must be provided for the use of women desiring to vote on 
school matters “ at every primary, general, municipal, or 
special election.” The evident purpose of this law is to 
give women the opportunity of voting for county and State 
superintendent, and for city school officers when these are 
elected at a city election. Hitherto women have been 
allowed to vote only at school meetings and at separate 
school elections. 

Indian Voters. — The Indians referred to in the third 
subdivision of Section i are the Stockbridges. Congress 
once declared them citizens and later revoked the act. 
Other Indians who renounce their tribal relations and 
receive no support from the United States government are 
voters if otherwise qualified. These are the “civilized” 
Indians referred to in subdivision four. 

Times of Elections. — As has been stated, the elections 
for town, village, and city officers occur in April. Judicial 
officers are elected at the same time, while school officers 
are elected in July. County and State officers are elected 
in November at the “general election,” as provided for by 
the Constitution. 


NOMINATIONS AND ELECTIONS. 


73 


Article XIII, Section i. The political year for the State of Wiscon¬ 
sin shall commence on the first Monday in January in each year, and 
the general elections shall be holden on the Tuesday next succeeding 
the first Monday in November. The first general election for all State 
and county officers, except judicial officers, after the adoption of this 
amendment, shall be holden in the year a.d. 1884, and thereafter the 
general election shall be held biennially. All State, county or other 
officers elected at the general election in the year 1881, and whose term 
of office would otherwise expire on the first Monday of January in the 
year 1884, shall hold and continue in such office respectively, until the 
first Monday in January in the year 1885. 

It is evident that the section quoted is an amendment 
adopted at the time when the change was made from 
annual to biennial elections. 

The Process of electing Officers. — The entire process 
of electing officers in Wisconsin may be subdivided thus: 

I. Making nominations. 

(a) The caucuses and convention system. 

(^) The primary election system. 

II. The election. 

(a) Notices of election. 

(^) Registration. 

(c) The process of voting. 

(d) The canvass. 

Let us now follow the steps that must be taken to make 
a general election complete. 

I. The Nomination of Officers. — It will be noticed that 
two methods of nominating officers are mentioned in the 
outline above. The former is the system now in use and 
the one to which we have always been accustomed. For 
several years just past a contest has been waging between 


74 


THE GOVERNMENT OF WISCONSIN. 


the supporters of this, the caucus and convention system of 
making nominations, and the other, called the primary 
election system. We shall first study the present method 
of making nominations, and then the proposed method by 
primary elections. 

Party Committees. — It is necessary for each political 
party that is fully organized to have a party committee in 
every town, village, and ward. The members of these 
committees are elected by the voters of the several parties. 
The law requires that a political party desiring to place 
candidates in nomination shall have a county committee 
composed of a chairman, secretary, and one member from 
each town, village, and ward of the county. This commit¬ 
tee is selected at the county convention. When the time 
for general election approaches and a party wishes to place 
its candidates for county offices in the field, the county 
committee must fix a day upon which a caucus will be held 
in each town, village, and ward; it also fixes a day and 
place for the county convention. 

The Caucus and the Convention.—A caucus is defined 
as a meeting of electors (voters) in a town, village, or ward 
held for the purpose of nominating candidates or electing 
delegates. A convention is a meeting composed of dele¬ 
gates who have been elected at caucuses. The number of 
delegates to which each town, village, and ward is entitled 
is generally determined by the number of votes cast therein 
by the party in question at the last election.^ 

Proceedings in a Caucus. — The election of delegates in 
a caucus must be by ballot. The names of the voters in 

1 The number is stated in the notice calling the caucuses and conventions. 


NOMINATIONS AND ELECTIONS. 


75 


attendance are recorded by the secretary of the caucus. 
The list is filed with the town, village, or city clerk, and 
may be a means of determining whether all those who 
• voted were qualified electors, and also whether any person 
has violated the law by voting at the caucuses of more than 
one political party. 

In the Convention. — In the county convention the 
nomination of candidates for county offices is made by 
ballot. There are generally rival factions supporting dif¬ 
ferent men for places on the county ticket. The result is 
apt to be determined by a process of “trading” votes.^ 
The nominees of the county convention are given certifi¬ 
cates of nomination, which they file with the county clerk. 
It is in this way only that nominees of the regular political 
parties can have their names put on the official ballot. 

Another Method of making Nominations. — The can¬ 
didates of new parties, and persons who wish to run for 
office independently of any party, may be nominated by 
“ nomination papers.” These are petitions signed by a 
certain number of voters, and asking that these names be 
placed on the official ballot in the column headed “ indi¬ 
vidual nominations.” 

The Nomination of State Officers. — This process precedes 
the nomination of county officers as described above. For 
this purpose a complete set of caucuses must be held in 
the towns, villages, and wards. Here delegates are elected 
to a county convention in each county of the State. In 

1 Various methods of bringing about the nomination of candidates in a 
convention are referred to in “Government in State and Nation,” pp. 54-56. 


76 


THE GOVERNMENT OF WISCONSIN. 


these conventions delegates are elected to a State con¬ 
vention, held at Madison or Milwaukee, where candidates 
for State offices are nominated. 

Other Officers.—There remain to be nominated by all 
the parties candidates for seats in the State Senate and 
Assembly and for the House of Representatives at Wash¬ 
ington. Sometimes a separate series of caucuses and 
conventions is held for the nomination of each of these 
kinds of officers; but more commonly two or more of the 
processes are combined so that fewer caucuses and con¬ 
ventions are necessary. 

In the year of a Presidential election, delegates are 
elected to the National conventions and candidates for 
Presidential Electors are nominated. These steps are 
taken in the months of the spring and early summer and 
involve still other caucuses and conventions. It must be 
borne in mind, in connection with this method of making 
nominations, that there are as many sets of caucuses and 
conventions as there are political parties in the field. 

The conventions that have been mentioned, besides 
nominating candidates, elect party committees whose duty 
it is to manage the campaign; they also have another 
function, that of issuing declarations of party principles, 
called platforms. 

The Primary Election System. — We shall now examine 
the method of nominating officers which it is proposed by 
some to substitute in the place of that just described. 
This contemplates the abolition of all caucuses and con¬ 
ventions, and the holding of a primary election, in the 
place of these, for the nomination of candidates by direct 


NOMINATIONS AND ELECTIONS. 


77 


vote of the people. Any person who wishes to become a 
candidate for office must obtain a certain number of signa¬ 
tures to a petition; then his name will be printed on the 
ballot of his party that is used at the primary election. 
This election is to occur about two months before the 
regular election at which the officers are finally chosen. 
It should be borne in mind that the primary election is 
merely to determine who shall be nominated on each party 
ticket. 

On the day of primary election, the voters of all parties 
go to the polls. Each voter selects the ticket of the party 
to which he belongs, and indicates on it the persons that 
he desires should become the nominees of that party for 
the following campaign and election. Thus the voter, in¬ 
stead of intrusting the choice between several men who 
wish to be the candidate for sheriff or for Governor to 
delegates in conventions, votes directly for the man of his 
choice. In the case of each office mentioned on the ticket, 
the person who receives the highest number of votes 
stands as the nominee of his party. 

A law (Chapter 451, Laws of 1903) providing for the primary election 
system in this State will be submitted to popular vote at the general 
election of 1904. If approved by a majority of the voters it will go into 
effect in 1906. Under its provisions the first Tuesday of September 
preceding a general election is made ‘‘ primary election day.” Besides 
voting for candidates at this time, the voters elect members of the local 
party committees. The county committee of a party is composed of 
the chairmen of the local committees. The party platform is drawn up 
by a body composed of the candidates for State offices and for Senate 
and Assembly. This body also elects a State central committee. 

The act does not apply to the office of State superintendent, nor to 
town, village, or school district officers, nor to judicial officers, except 
police justices and justices of the peace in cities. 


78 


THE GOVERNMENT OF WISCONSIN. 


II. The Process of Election. —Notices of the time for a 
general election, stating the officers to be voted for, are 
issued by the Secretary of State several months before 
the election occurs. In each county, the county clerk 
publishes a similar notice, and the town and village clerks 
and the inspectors of elections in cities post notices in 
their respective election districts. 

Registration. — The law requires the registration of 
voters in every village and city having a population of 
two thousand or more, and in towns having a population 
of over three thousand. Four weeks before the general 
election the board of registry, composed of the inspectors 
of election, holds a meeting at which they revise the 
register of voters by dropping some names and adding 
others, thus making the list as complete and accurate as 
possible. The list is then printed and posted for public 
inspection. One week before election another meeting is 
held at which other changes may be made in the list. 
Registration is intended to prevent illegal voting. A voter 
who has not registered may “swear in” his vote; that is, 
he may make an affidavit that he possesses the qualifica¬ 
tions entitling him to cast his ballot. 

The Official Ballot. — For general elections, the county 
clerk is required to have official ballots printed containing 
only those names that have been certified to him as nomi¬ 
nees of political parties, or the names of persons who have 
obtained nomination papers. The ballots are delivered to 
the proper election officials. 

Officers of Election. — The officers of election are three 
inspectors, two clerks of election, and two ballot clerks. 


NOMINATIONS AND ELECTIONS. 


79 


In towns the supervisors are the inspectors of election. 
In villages and cities all of the officers mentioned are 
appointed from the two leading political parties. 

Casting the Ballots. —Within the voting booth, the voter 
obtains an official ballot from the ballot clerks, after they 
have found his name on the registry list. He then pro¬ 
ceeds to one of the screened compartments, where he marks 
and folds his ballot. Passing to the ballot box, he gives 
his name to the election clerks and deposits the ballot. 
These and other precautions are taken to secure secrecy 
in the process of voting. 

Challenging Votes. — Besides the election officers men¬ 
tioned there may be present in the booth two represen¬ 
tatives of each party, duly appointed, who are called 
“ challengers.” They, or any other elector, may challenge 
the right of any person to vote. The one challenged must 
thereupon answer, under oath, certain questions that will 
be put to him concerning his qualifications as a voter at 
that election. (See Revised Statutes, Section 68.) 

The Canvass. — When the polls are closed the official 
canvass of the election begins. The inspectors first count 
the ballots to see that the number corresponds with the 
number of persons who have voted, as shown by the poll 
list. The next step is the counting of the votes received 
by each candidate. A statement of the result is filed with 
the town, village, or city clerk, and a duplicate of this is 
sent to the county clerk. When the returns have been 
gathered from all parts of the county, the county board of 
canvassers, composed of the county clerk and two other 


8o 


THE GOVERNMENT OF WISCONSIN. 


persons (generally county officers), gather the statistics into 
a tabulated statement showing the total number of votes 
cast for each candidate in the entire county.^ When the 
canvassing board have thus determined who have been 
elected, the county clerk issues certificates of electio 7 i to 
the successful candidates. A statement of the votes cast 
in the county is sent to the Secretary of State at Madison. 
The State board of canvassers consists of this officer, the 
State Treasurer, and the Attorney General. It is their 
duty to ascertain, from the returns of all the counties, the 
number of votes received by candidates for State offices. 
Certificates of election are then issued to successful candi¬ 
dates by the Secretary of State. Separate boards of can¬ 
vassers are also provided for Assembly, Senatorial, and 
Congressional districts, when these comprise more than 
one county. Unless the election is close, the result is 
known through the newspapers on the day after the 
election; but it is only through the formal action of these 
canvassing boards that the results are officially determined. 

SUGGESTIVE QUESTIONS. 

1. Could a negro who was otherwise qualified vote in Wisconsin 

previous to 1882 ? 

2. In your locality do women avail themselves of the right to vote in 

school matters ? What has been the effect of the law of igoi 
providing for separate ballot boxes ? 

3. To understand the process of nomination one should (i) attend a 

caucus and a convention; (2) make a list for each party of the 
caucuses and conventions held in the county and State during a 
general election year. Newspaper clippings of the notices for 
these meetings may be collected. 

^ This tabulated statement is frequently found printed in the report of the 
county board. 


NOMINATIONS AND ELECTIONS. 


8l 


4. Question for debate: Is the proposed primary election system an 

improvement upon the present method of nominating candi¬ 
dates ? 

5. Obtain sample copies of official ballots and learn how “straight” 

and “split” tickets are voted. 

6. Make a diagram of the voting booth and show the details of the 

voting process. 

7. What reasons can you give why the law insures the secrecy of the 

ballot? 

8. The election system described in this chapter is called The Aus¬ 

tralian Ballot System. See Government in State and Nation, 

50-51- 


G 



CHAPTER X. 


LOCAL TAXATION. 

The Property Tax. — The money that is needed to pay 
the salaries of officers and the other necessary expenses of 
local government is raised by taxation.^ We have already 
noticed the taxing bodies in the various local units: the 
town meeting in the town, and the village boards, city 
councils, and county boards in their respective jurisdictions. 
The State Legislature and the school district meeting com¬ 
plete the list of bodies that may legally tax the people for 
governmental purposes. The form of taxation employed 
in the local units is known as the general property tax. 
This system “ is based upon the principle that the indi¬ 
vidual citizen should contribute to the support of the 
government in proportion to his ability, measured by the 
value of his property.” ^ Other forms of taxation are being 
brought into use for State purposes, but these remain for 
discussion in a subsequent chapter. (See Chapter XI, 
“ State Finances.”) 

The Returns received from Taxes. — A tax is generally 
looked upon as a necessary evil; there is evident every- 

^ Besides the taxes collected, local treasuries receive money in the form of 
license fees. These come chiefly from liquor licenses, though in cities other 
industries may be taxed. The liquor license fees vary from $iooto ^500. 

2 Report of the Wisconsin Tax Commission, 1898, p. 28. 

82 


LOCAL TAXATION. 


83 


where an attitude of hostility toward all forms of taxation. 
If one looks beneath the surface of the matter, however, 
he may readily see that it presents another aspect. What 
are the returns which the citizen receives for the money 
spent in taxes } Could he obtain the same results in any 
other way so cheaply.^ Security of person and property, 
access to legal protection in a hundred ways, good roads 
and sidewalks, parks and amusements, schools and libraries, 
— these are a few of the good things purchased by the 
cooperative effort of the taxpayers. Indeed, it is entirely 
safe to assert that no other ordinary expenditure brings 
the citizen returns that are proportionate to those received 
from the payment of taxes. 

The Assessment of Property.—The first step in the 
process of taxation is called assessment. Beginning on 
the first of May each year, it is the duty of assessors in 
towns, villages, and cities to place a value upon the tax¬ 
able property held by all persons. 

Exemptions. — Not all kinds of property are taxed. The following 
are the principal things exempt: property owned by the United States 
or by the State or any local government; property owned by religious, 
scientific, literary, and benevolent associations and used by them; the 
equipment of fire companies; cemeteries; the stock of corporations 
that pay taxes on their property; debts due a person, to the amount of 
his own debts; wearing apparel, family portraits, private libraries, not 
exceeding $200 dollars in value ; household furniture, including a piano, 
organ, or other musical instruments, not exceeding $200 in value; 
a mechanic’s tools; one bicycle, one sewing machine, and one watch; 
growing crops, wagons having tires three inches or more wide, and 
wide gauge sleighs. The property of railroad companies is taxed 
under a different system (see pp. 96-97), and hence is not assessed by 
local assessors. The same is true to some extent of telegraph, tele¬ 
phone, and express gornpanies (see p. 97). 


84 


THE GOVERNMENT OF WISCONSIN. 


Contents of the Assessment Roll. — In the assessment 
roll made by each assessor, the property of each individual 
is listed under certain heads. The most important of these 
are the following : horses, cattle, sheep, swine, wagons, 
carriages, sleighs, watches, pianos, organs, bank stock, 
merchants’ and manufacturers’ stock, lumber, vessels, 
land, city and village lots, and (grouped under one head¬ 
ing) “ the amount of moneys, accounts, bonds, credits, 
notes, and mortgages.” Under land and city and village 
lots is included the value of buildings located on them. 
These together are called real estate. All other property 
is called personal property. How, you may ask, is the 
assessor to estimate the value of this property ? The law 
says, “ from actual view or from the best information that 
the assessor can practically obtain.” To assist him in 
ascertaining the value of personal property the assessor 
may examine the owner under oath as to how much he 
owns and its value. Any person making false statements 
to the assessor concerning these matters is liable to a 
severe penalty. Real property must be valued “at the 
full value which could ordinarily be obtained therefor at 
private sale.” Personalty must be valued at its “ true 
cash value.” 

Undervaluation. — Such are the exact requirements of 
the law, but in actual practice there is frequently the 
undervaluation of property; z.e. it is assessed at a lower 
value than its real worth. Now, if the assessors of a 
single town, village, or city, undervalue the property of 
every person in the same ratio, this will not decrease the 
amount of local taxes to be paid by any property owner. 


LOCAL TAXATION. 


85 


If, as an example, the taxable property of a town is 
worth $500,000, and the amount of taxes to be raised is 
$5000, it is evident that the rate of taxation will be one 
per cent. Mr. Smith, whose property we may imagine to 
be worth $1000, will pay $10 in taxes. If, however, the 
assessors value property in that town at one half its true 
value, then the total valuation will be $250,000, and the 
rate will be two per cent. Mr. Smith’s property will be 
valued at $500, and his taxes will amount to $10, as before. 

Why, then, is property undervaluedFor several 
reasons. (i) Because an individual is less likely to ob¬ 
ject to a low valuation. (2) Because assessors do not 
wish to become unpopular through the performance of a 
disagreeable duty. (3) Because, as we shall see later, 
when county and State taxes are distributed among the 
towns, villages, and cities, the undervaluation may enable 
the people of a locality to escape their full burden of taxa¬ 
tion. 

Some Personal Property escapes Taxation. — In another 
way the law has been systematically violated; sometimes 
assessors do not try to discover, and property owners do 
not correctly state, even under oath, the true amount of 
their personal property. The evasion of taxes on personal 
property is especially common in the case of money, 
accounts, bonds, notes, and mortgages. These are called 
intangible personal property; or, with the exception of 
money, they are classed together as credits. So great is 
the difficulty of obtaining a true assessment of this kind 
of property, that many authorities recommend that it be 
entirely exempt from taxation. 


86 


THE GOVERNMENT OF WISCONSIN. 


The Correction of these Evils. — These evils have been so great and 
widespread that recently stringent legislation was enacted by the 
Legislature, calculated to enforce uniform and honest methods in the 
assessment of property. Assessors are made liable ^ to severe punish¬ 
ment and to removal from office for willful or intentional assessment of 
property at other than its true cash value; for intentional omission 
of taxable property from the roll; and for unjust discrimination in the 
valuation of property. Any freeholder and taxpayer may make com¬ 
plaint to the district attorney, whose duty it is to commence proceedings 
before the circuit judge to bring about the removal of an assessor for 
violation of the law. 

County Supervisor of Assessments. — The work of assessors is to be 
more strictly supervised than hitherto by a new county officer known as 
the County Supervisor of Assessments.^ This officer is appointed by 
the county board for a term of three years. He has power to inspect the 
books and records of officers in any town, village, or city of the county, 
and it is his duty to examine and test the work of assessors to see 
whether they are conforming to the law. He mus treport violations of 
the law to the county board, and he may ask the circuit judge to 
remove the offender. Each year the supervisor of assessments must 
call a meeting of all the assessors in the county for conference and in¬ 
struction relative to their duties. 

The Equalization of Assessments. — The next step in 
the process of taxation is called equalization ; there are 
three parts to this process. 

(i) The valuations fixed by an assessor in any town, 
village, or city are subject to revision and correction by the 
local “ board of review.” 

In the town this board consists of the supervisors, clerk, 
and assessors; in the village, of the president, clerk, and 
assessors; in the city, of the mayor, clerk, assessors, and a 
member or members of the council. 

The board of review meets annually in June or July and 

1 Chapter 330, Laws of 1901. 


2 Chapter 445, Laws of 1901. 


LOCAL TAXATION. 


8; 


adjourns from day to day until the work is completed. 
The board examines and corrects the assessment roll, rais¬ 
ing and lowering valuations according to its best judgment. 
If a property owner thinks his property has been assessed 
at too high a figure, he may appear before the board and 
ask for a reduction; if the board wishes to add property to 
the roll or to raise a valuation, it must give due notice to 
the owner, who may appear before the board and protest 
against this action. This is one way in which an individual 
may protect himself against unjust taxation. The corrected 
assessment roll is then delivered to the clerk of the town, 
village, or city. 

(2) Coimty Equalization and Apportionment. — These 
statements are sent by the clerks to the county clerk, who 
lays them before the county board at its annual meeting. 
The county board acts as a board of review or equalization 
in the following manner: it fixes for each description of 
property mentioned on p. 84, in each town, village, and 
city, a valuation that corrects any unwarranted variation in 
the valuations made by the assessors. If, in any town, for 
instance, the horses have been assessed at a much lower 
figure on the average than in other towns that have about 
the same grade of horses, the board will fix a higher 
“ equalized valuation ” for horses in that town. If land is 
more valuable in a certain city than in a town of the same 
county, the county board will fix an average valuation per 
acre that will correspond as nearly as possible to the facts. 
The result of the equalization by the county board is put 
into the form of a statement, which is sometimes printed 
in the proceedings of the county board. A copy is sent 
by the county clerk to the Secretary of State at Madison, 


88 


THE GOVERNMENT OF WISCONSIN. 


in whose report it may be found. To assist the county 
board in the work of equalization, the county supervisor of 
assessments is empowered to make a special assessment 
of the property in any district for the information of the 
board. This officer is an agent of the board in obtaining 
facts upon which they may base their work of equalization. 

Purpose of County Equalization. — It must be noted that 
the process of equalization by the county board does not 
affect the valuation of an individual’s property. That is 
contained in the local assessment roll, and the county 
board has no power to change it. The purpose of the 
county equalization is to make an equal distribution of 
county and state taxes among the various local govern¬ 
ments of the county. The board determines the amount 
of taxes that are to be raised for county purposes. The 
county clerk has been notified as to the amount of money 
the county is required to raise for State purposes. The 
county clerk adds these two amounts and apportions^ or 
distributes, the total tax among the several towns, villages, 
and cities, putting upon each a share that bears the same 
relation to the total tax that its equalized valuation bears 
to the total equalized valuation of the county. 

To state it in terms of a proportion: — 

The county 'I C the total 1 f the equal- "I f the 

and State tax | . county and | | ized valuation . total val- 

to be raised V K State tax r as «{ of that town, > nation of 

by a town, for that | I village, or | I 

village, or city J [county ) [city J [county. 

Thus it comes about, through the action of the county 
board in raising or lowering valuations, that each local 


LOCAL TAXATION. 89 

organization is made to bear its fair share of county and 
State taxes. 

Equalization for the State. — In order that each county 
may bear its fair burden of State taxes, a similar pro¬ 
cess of equalization is carried on by the State Tax Com¬ 
mission. This body examines the statements of equalized 
valuations received from the county clerks, in order to dis¬ 
cover if, in any county, the property has been assessed at a 
higher value than in other counties similarly situated with 
reference to all the conditions that should be considered. 
Thus, it may ask whether land is on the whole as valuable 
in one county as in another; whether a particular descrip¬ 
tion of personal property has been underestimated by the 
assessors of the county. The State board may thus raise 
and lower the total valuations of counties at its discretion. 
When this has been done the Secretary of State apportions 
the State tax among the several counties “ according and 
in proportion to the relative valuation of each county to 
the aggregate valuation of the State.” That is — 

Any county’s ) • (the total ) (the total val- ) : (the total 

share of the ^ . ■< State r nation of the ^ valuation of 

State tax ) (tax ) ( county ) ( the State. 

The State Tax Commission.— In 1897 a State Tax Commission was 

created, having the duty to investigate the tax systems of this and other 
States, to reveal the defects of the Wisconsin system, and to recommend 
remedies. The results of their work were embodied in a report, dated 
1898, that set forth many interesting facts concerning the workings of 
the general property tax. It showed, for instance, that while live stock, 
owned for the most part, by the farmers of the State, was assessed at 
about sixty per cent of its true value, the money deposited in banks, 
principally the property of the rich, was assessed at only five per cent 
of its true value. In eighteen counties no grain nor farm products 


90 


THE GOVERNMENT OF WISCONSIN. 


were assessed; in twenty-one counties no notes, bonds, or mortgages 
were found by the assessors. “From the best information obtainable 
it would seem probable that the amount of personal property in Wis¬ 
consin is fully equal to the value of real estate, yet the amount assessed 
is only seventeen per cent, or about one sixth, of the total property 
assessed, and has been steadily decreasing for several years.” ^ 

This Tax Commission was a temporary, unsalaried body. In 1899 
a permanent Tax Commission was created, consisting of three members 
appointed by the Governor for terms of ten years. It was given the 
power of general supervision over the tax systems of the State, besides 
the duty of investigating, and reporting recommendations. In its 
report dated 1901, the Commission estimates that the real estate of 
Wisconsin was assessed at an average of forty-three per cent of its 
true value. 

The stricter laws regulating assessment, and the supervision exercised 
by the County Supervisors of Assessments and the State Tax Com¬ 
mission have resulted in a reform of our assessment methods, correcting 
to a considerable extent the evils previously existing. The assessors 
increased the valuation of property from $750,000,000 in 1900 to more 
than $1,000,000,000 in 1901. 

The Rate of Taxation. — Calculation of the rate and col¬ 
lection of taxes complete the entire process. When the 
Secretary of State has notified the county clerks how much 
of the State tax each county must pay, and when the county 
clerk has notified the town, village, and city clerks how much 
of the combined State and county taxes each local govern¬ 
ment must pay, then it becomes the duty of these clerks 
to calculate the rate of taxation. This is done by dividing 
the total amount of taxes (local, county, and State) to be 
raised in a given taxation district, by the total valuation of 
the district as ascertained from the assessment roll. A tax 
roll is then made out containing the names of property 

1 Report of Wisconsin Tax Commission, 1898, p. 74. See also Appendix B 
of this report. 


LOCAL TAXATION. 


91 


owners, the description and valuation of their property, 
and the tax to be collected from each. 

Collection of Taxes. — The tax roll, when complete, is 
delivered into the hands of the local treasurer, and the col¬ 
lection of taxes begins in December or January each year. 
The fee of the town treasurer for collecting taxes that are 
paid on or before January 31 is two per cent, or such a 
rate, not less than one per cent, as the town meeting may 
determine. After that date he receives five per cent of 
all taxes collected. A similar rule applies to the fees 
received by village treasurers. In cities under the general 
law the collection fees are one per cent before January 31 
and three per cent after that date. 

All money that has been raised by general taxation is 
thus collected into the hands of the local treasurers. It 
then becomes necessary that each treasurer should pay the 
amount due the county to the county treasurer, and that 
every county treasurer in the State should pay his county’s 
share of the State tax to the State Treasurer. Practically 
the business is done in this way; a certain amount is due 
each county from the State treasury for school purposes; 
deducting this, the county treasurer sends to Madison the 
balance. So the local treasurer sends to the county seat 
only the balance left after deducting the amount due his 
local government from the State for school purposes. 

Delinquent Taxes. — If a person refuses to pay the tax 
levied against his personal property, or if for any reason 
the treasurer cannot collect it, account of this and other 
delinquent taxes is made to the county treasurer. The 


92 


THE GOVERNMENT OF WISCONSIN. 


sheriff is then given a warrant under which he may seize 
and sell at auction any property of the delinquent property 
owner. If the property sells for a larger amount than the 
tax and costs, the balance is returned to him. All delin¬ 
quent land taxes are also reported to the county treasurer. 
This officer publishes a complete list and description of the 
lands, and the amounts of taxes due. This is an advertise¬ 
ment for the sale of the lands at auction. The person 
offering to pay the taxes on a certain tract of land (together 
with interest on the taxes and fees for collection) for the 
least amount of that land is considered the purchaser of 
that amount. Upon paying the taxes he receives a tax 
certificate. This certificate states that he will be entitled 
to a deed of the land in three years unless it is sooner 
redeemed. That is, the original owner may continue to 
occupy and use the land for three years; at any time 
within that period he may pay to the county clerk the 
delinquent taxes with interest and charges. He thus re¬ 
deems his land and removes it from the delinquent tax list. 
The owner of the tax certificate may then be remunerated 
out of the money thus paid by the owner of the land. 

SUGGESTIVE QUESTIONS. 

1. What reasons can you give for exempting from taxation the 

various kinds of property mentioned on page 83 ? 

2. Get facts concerning the prevailing practice of valuing property 

in your own and neighboring localities. 

3. If a man’s property is valued at $1000 when it should be 

$2000, does he pay his fair share of the county tax ? Can 

the county board correct the matter? 

4. Do the equalized valuations fixed by your county board seem 

reasonable ? 


LOCAL TAXATION. 


93 


5. What was the amount of State tax paid by your county last year? 

The amount of county tax levied ? Make a calculation showing 
how the amount of State and county tax due from your local 
government was determined. 

6. Your local treasurer will give the necessary data from which you 

may calculate the rate of taxation. Calculate the taxes upon 
property that is worth $6ooo. 

7. Find reasons why the tax rate varies in different towns; in adjoin¬ 

ing counties. 

8. The rate of taxation may vary in different school districts of the 

same town — why is this? 

9. From what sources does money come into your local treasury ? 

10. For what purposes was money expended in each case ? These 

facts may be found in the last reports of the local and county 
treasurers. 


CHAPTER XL 


FINANCES OF THE STATE. 


Expenditures of the State Government. — We have re¬ 
viewed in succession the various departments of the State 
government and the activities of each. Whence, it will be 
asked, comes the money to pay the salaries of State officers 
and the expenses of the Legislature and the many State 
institutions } For these purposes there was expended dur¬ 
ing the year ending September 30, 1901, $2,882,000} 
Grouping under convenient headings the items that make 
up this total amount, we have the following statement: — 


1. Legislature .... 

2. Executive office 

3. Administrative departments 

4. Judiciary .... 

5. Education .... 

6. Charitable and penal institutions 

7. Miscellaneous .... 


$203,088.12 

15,024.76 

619,280.14 

120,158.83 

334 , 354-94 

1,338,448.50 

252,303.29 

$2,882,658.58 


Let us now examine these items in their order as stated 
above. 

I. The cost of publishing the laws (about 50,000) is 
included in this item. The expenses under this head are 
very small in the even-numbered years, when there is no 
legislative session. 


^ See Report of the Secretary of State, 
94 






FINANCES OF THE STATE. 95 

2. This amount includes merely the expenses connected 
with the Governor’s office. 

3. Here are included, not only the salaries of the ad¬ 
ministrative officers, boards, and commissions, and of the 
clerks in these offices, but also appropriations made to 
numerous societies and semi-public organizations. 

4. The expenses connected with the supreme and cir¬ 
cuit courts are included here. 

5. Of this amount, the common schools received $113,- 
000, the State University $31,000, the Normal Schools 
$62,000, and the free high schools $97,000. In the chap¬ 
ter on education other sources of school moneys are 
mentioned. 

6. About one third of this sum was expended for the 
maintenance of the chronic insane in county asylums. 

7. County agricultural societies received about $56,000, 
and $22,000 was appropriated for the Wisconsin exhibit at 
the Pan-American Exposition at Buffalo. 

Revenues of the State Government. — To meet these 
expenses, the State has several sources of revenue. Of 
course, by far the greatest amount is derived from taxation. 
The constitutional rules of taxation are thus stated: — 


Article VIII, Section i. The rule of taxation shall be uniform, and 
taxes shall be levied upon such property as the Legislature shall 
prescribe. 

Section 5. The Legislature shall provide for an annual tax sufficient 
to defray the estimated expenses of the State for each year; and when¬ 
ever the expenses of any year shall exceed the income, the Legislature 
shall provide for levying a tax for the ensuing year, sufficient, with other 
sources of income, to pay the deficiency, as well as the estimated 
expenses of such ensuing year. 


96 


THE GOVERNMENT OF WISCONSIN. 


For the fiscal year 1901 the revenues of the State 
amounted to $2,^04^000. They may be classified as fol¬ 
lows : — 

I. Corporation taxes.$2,059,138.74 


2. From counties for charitable and penal institutions . 239,224.20 

3. From counties for interest on certificates of indebtedness 157>57o-oo 

4. From counties for free high schools . . . 100,000.00 

5. Legacy tax. 26,298.37 

6. From charitable and penal institutions . . . 85,824.40 

7. Miscellaneous sources.236,036.27 


$2,904,091.98 

Let US examine these items in greater detail. 

I. Corporation Taxes. — It will be noticed that two thirds 
of the State revenue is derived from the taxation of cor¬ 
porations. Of these taxes the railroad companies paid by 
far the largest share (;^ 1,600,000). 

For many years Wisconsin has had a system of taxing 
railroad companies and some other corporations on their 
gross earnings, instead of on their property. This method 
was used because the assessment of this property by local 
assessors would lead to many different valuations in dif¬ 
ferent sections, and it might open the way to the corrup¬ 
tion of local assessors. So the property of railroad 
companies — their right of way, rolling stock, and depot 
grounds and buildings — was exempt from taxation, and 
instead the State collected an annual tax or “license fee.” 
This was levied at certain rates on the gross earnings of 
the companies. 

By a law of 1903 this system gives place to the ad 
valorem method of taxing railroad property upon its value 
as determined by the State Tax Commission. This body 
determines also an assessed value for all the property in 



FINANCES OF THE STATE. 


97 


the State on which taxes are levied. It collects statistics 
of all the taxes levied each year for State, county, and local 
purposes. This total amount of taxes divided by the total 
valuation of property in the State gives an “ average rate 
of taxation ” ; and this rate is used by the Tax Commission 
in taxing the property of railroad companies. 


The rates used in taxing railroad companies on their gross earnings 
were as follows : — 


Annual gross earnings $3,000 or more per mile 
Annual gross earnings $2,500 to $3,000 per mile 
Annual gross earnings $2,000 to $2,500 per mile 
Annual gross earnings $1,500 to $2,000 per mile 
plus 2| per cent, of gross earnings in excess of 
$1,500. 

Annual gross earning less than $1,500 per mile 


. 4 per cent 
. 3^ per cent 
. 3 per cent 
. $5.00 per mile 


. $5.00 per mile. 


For telegraph companies the license fee is calculated on the mileage 
of their wires : — 


For single wire . 

For second wire 

For third wire 

For each additional wire 


$1.00 per mile 
.50 per mile 
.25 per mile 
.20 per mile 


Telephone companies pay taxes on the gross receipts of their busi¬ 
ness : if these are over $ 100,000 per year, the rate is 3 per cent; if less 
than that amount, 2I per cent. 


2. Taxes for the Siippoi't of Charitable and Pe 7 tal in¬ 
stitutions. — In this, as in the two following items, we have 
taxes levied upon the counties in proportion to their re¬ 
spective valuations; each county board levies its quota in 
turn upon the local governments, and here the amounts 
are included in the taxes paid by property owners. (See 
pp. 88, 89.) In addition to this general State tax, the coun¬ 
ties are required to pay certain amounts for the support of 


H 


98 


THE GOVERNMENT OF WISCONSIN. 


their residents who may be inmates of some of the chari¬ 
table and penal institutions. 

3. The certificates of indebtedness are in the nature of 
State bonds, originally issued at the time of the Civil War. 
These bonds amount to ^2,251,000 and are owned by 
several of the State trust funds, the common school and 
the normal school funds owning the largest part. In other 
words, the State paid its indebtedness to individuals by 
borrowing from these funds; interest must be paid to the 
funds, and for this purpose a general State tax is levied. 

4. Taxes for Free High Schools. —We shall see the way 
in which this money is paid back to the people, though 
not to the people of all the localities where it is collected.^ 

5. The legacy tax is collected upon property that is 
inherited. The rate of taxation varies according to the 
amount of the inheritance, and also according to the degree 
of relationship existing between the inheritor and the per¬ 
son from whom the property is inherited. Bequests to 
religious, charitable, and educational societies are exempt 
from taxation. (See Laws of 1903, Chap. 44.) 

6. Received from Charitable and Penal Institutions. — 
The sale of products raised and articles made at the various 
charitable and penal institutions yielded the revenues 
mentioned under this head. 

7. The miscellaneous sources include the office fees of 
State officials, which are considerable in amount; also the 
hawkers’ and peddlers’ licenses, amounting to more than 
^14,000. 

Public Debts. — One of the most troublesome problems 
of public finance is the creation and handling of debts. 

1 See p. III. 


FINANCES OF THE STATE. 


99 


It is very easy for local and State governments to vote in 
favor of selling their bonds; and it is correspondingly dif¬ 
ficult to provide means for the payment of the debts thus 
created. When our Constitution was adopted, numerous 
other States, particularly in the West, had recently passed 
through the most serious experiences of this kind. The 
rage for internal improvements had caused State debts to 
mount up much higher than the resources of these States 
warranted, and the result was heavy taxation, and in some 
cases disgraceful repudiation. Profiting by the example 
of sister States, the framers of Wisconsin’s Constitution 
adopted particularly stringent regulations with regard to 
public debts. 

Article VIII, Section 3. The credit of the State shall never be given 
or loaned in aid of any individual, association, or corporation. 

Section 4. The State shall never contract any public debt, except 
in the cases and manner herein provided. 

Section 6. For the purpose of defraying extraordinary expenditures, 
the State may contract public debts; but such debts shall never, in the 
aggregate, exceed one hundred thousand dollars. Every such debt 
shall be authorized by law, for some purpose or purposes to be distinctly 
specified therein ; and the vote of a majority of all the members elected 
to each house, to be taken by yeas and nays, shall be necessary to the 
passage of such law; and every such law shall provide for levying an 
annual tax sufficient to pay the annual interest of such debt, and the 
principal within five years from the passage of such law, and shall 
specially appropriate the proceeds of such taxes to the payment of such 
principal and interest; and such appropriation shall not be repealed, 
nor the taxes be postponed or diminished, until the principal and in¬ 
terest of such debt shall have been wholly paid. 

Section 7. The Legislature may also borrow money to repel in¬ 
vasion, suppress insurrection, or defend the State in time of war; but 
the money thus raised shall be applied exclusively to the object for 
which the loan was authorized, or to the payment of the debt thereby 
created. 


lOO 


THE GOVERNMENT OF WISCONSIN. 


Section 8. On the passage in either house of the Legislature, of any 
law which imposes, continues or renews a tax, or creates a debt or 
charge, or makes, continues or renews an appropriation of public 
or trust money, or releases, discharges or commutes a claim or demand 
of the State, the question shall be taken by yeas and nays, which shall 
be duly entered on the journal; and three-fifths of all the members 
elected to such house, shall in all such cases be required to constitute 
a quorum therein. 

Section 9. No scrip, certificate or other evidence of State debt 
whatsoever, shall be issued, except for such debts as are authorized by 
the sixth and seventh sections of this article. 

Section 10. The State shall never contract any debt for works of 
internal improvement, or be a party in carrying on such works; but 
whenever grants of land or other property shall have been made to the 
State, especially dedicated by the grant to particular works of internal 
improvement, the State may carry on such particular works, and shall 
devote thereto the avails of such grants, and may pledge or appropriate 
the revenues derived from such works in aid of their completion. 

The State Debt.—We have seen that the debt of the 
State is in reality cancelled, since the total amount of 
it has been borrowed from State funds. Thus the State 
pays interest to itself. This interest is raised by taxation 
annually (see p. 98). The creation of a debt on account of 
the ordinary expenses of the State is clearly prohibited by 
the Constitution. This is further provided for by law in 
this way: if the Legislature during any session makes 
appropriations in excess of the amount of taxes that will 
be collected under the tax laws, then the Secretary of State 
must make an additional levy on the counties, sufficient to 
meet the total expenses anticipated before the next session 
of the Legislature. 

Debts of Local Governments. — The power to contract 
debts is so liable to abuse that local governments are also 
under strict constitutional regulation in this respect. 


FINANCES OF THE STATE. 


lor 

Article XI, Section 3. It shall be the duty of the Legislature, and 
they are hereby empowered, to provide for the organization of cities 
and incorporated villages, and to restrict their power of taxation, assess¬ 
ment, borrowing money, contracting debts, and loaning their credit, so 
as to prevent abuses in assessments and taxation, and in contracting 
by such municipal corporations. No county, city, town, village, school 
district, or other municipal corporation, shall be allowed to become 
indebted in any manner or for any purpose, to any amount, including 
existing indebtedness, in the aggregate exceeding five per centum on 
the value of the taxable property therein, to be ascertained by the last 
assessment for State and county taxes, previous to the incurring of such 
indebtedness. Any county, city, town, village, school district, or other 
municipal corporation, incurring any indebtedness as aforesaid, shall, 
before or at the time of doing so, provide for the collection of a direct 
annual tax sufficient to pay the interest on said debt as it falls due, and 
also to pay and discharge the principal thereof within twenty years ^ 
from the time of contracting the same. 

State Banks. — Students of our history will remember 
that one important cause of the crisis of 1837 was the 
existence, particularly in the West, of paper money issued 
by State banks without sufficient security. The failure of 
the banks to redeem their money brought ruin to many 
business enterprises. When our State Constitution was 
adopted, the framers did not wish to assume the re¬ 
sponsibility of deciding whether a system of State banks 
should be permitted in Wisconsin, so they left this question 
to be decided by a vote of the people.^ The vote was 
favorable, so we have had a system of State banks, regu¬ 
lated under general laws. Previous to 1863, these banks 
issued their notes as paper money, but in that year the 

1 A proposed amendment provides that this time shall be fifty years for 
cities of more than twenty-five thousand inhabitants. 

2 See the original provisions of the Constitution in the Blue Book. 
Article X, Sections 4 and 5. 


102 


THE GOVERNMENT OF WISCONSIN. 


National government imposed a tax of ten per cent on 
such notes, in order to make the way clear for its own 
issuance of National Bank notes.^ No State bank can 
afford to issue its notes as money under the burden of this 
tax. The sections of the Constitution providing for a 
banking system were superseded by an amendment 
adopted in 1902. 

Article XI, Section 4. The Legislature shall have power to enact a 
general banking law for the creation of banks, and for the regulation 
and supervision of the banking business, provided that the vote of two- 
thirds of all the members elected to each house, to be taken by yeas 
and nays, be in favor of the passage of such law. * 

The State banks, and also loan companies, are subject 
to inspection by the Commissioner of Banking, who makes 
report concerning their financial condition. 

SUGGESTIVE QUESTIONS. 

1. Find, in the latest Blue Book, the report of State finances and 

compare the items with those given in this chapter. 

2. What was the amount of the State tax levied in your county last 

year.^ Can you ascertain the amount paid by your local 
government? See report of county board. 

3. What justification can you find for a tax on legacies ? 

4. The products and articles sold from each penal and charitable 

institution are shown in detail in the Report of the Board of 
Control. (Wisconsin Public Documents.) 

5. Should the State government undertake the building of State 

roads ? Would it be a better policy to grant State aid to local 
governments and counties for this purpose ? 

1 See “ Government in State and Nation,” pp. 217, 219. 


CHAPTER XIL 


EDUCATION. 

The District Schools. — Wisconsin has a very complete 
and well-organized system of public education. The first 
class of schools to be considered is provided for in the fol¬ 
lowing clause of the Constitution : — 

Article X, Section 3. The Legislature shall provide by law for the 
establishment of district schools, which shall be as nearly uniform as 
practicable; and such schools shall be free and without charge for 
tuition, to all children between the ages of four and twenty years; and 
no sectarian instruction shall be allowed therein. 

The school districts of a town are laid out by authority 
of the town board. A “joint district” is one that includes 
parts of adjoining towns. The government of the district, 
like that of the town, is purely democratic ; for here we 
find a general meeting of the voters, called “ school meet¬ 
ing,” held on the first Monday of July in each year. In 
this meeting, women who are twenty-one years of age or 
upward, having resided in the State one year and in the 
district thirty days, may take part in the proceedings and 
may vote. 

Powers of the School Meeting. — Besides electing the 
school district officers, the annual meeting decides many 
important questions relating to the school building and its 
equipment, text-books, teachers, and the length of the 

103 


104 


THE GOVERNMENT OF WISCONSIN. 


term. The meeting votes the taxes necessary for the main¬ 
tenance of the school.and for the payment of teachers’ 
salaries. 

The School Board. — The school board consists of three 
members, director, clerk, and treasurer. Their term is 
three years, and one is elected each year. The board has 
general oversight of school property, and makes a report 
at the annual meeting, showing the financial condition of 
the district; it carries out the orders of the district meeting 
with regard to teachers and other matters. The members 
of the board are required to visit the school and to examine 
into its condition. The clerk is secretary of district and 
board meetings. 

The Township System. — The district system is found in the towns 
and villages of the State, and a few cities still adhere to this form of 
organization. In the rural sections, this system often results in the 
maintenance of schools where there is a small number of children. This 
generally means that low salaries must be paid the teachers, and that 
the schools will be maintained for the least possible number of months. 
Some persons advocate as a remedy for this condition the “ township 
system.” The law provides that when this system is adopted by the 
voters, the town becomes the district, and that it may be divided into 
subdistricts. The voters of the subdistricts hold annual meetings, and 
a clerk is elected in each. The meeting has powers of recommendation 
only, the real governing power resting with the town board of directors^ 
which is composed of the clerks of the subdistricts. This board elects 
a president, a vice president, and a secretary. The last-mentioned 
officer may or may not be one of the subdistrict clerks, and he may be 
paid for his services. He has “ charge and supervision ” of the schools, 
shall ‘‘ organize and grade them and assist the several teachers in classi¬ 
fying and arranging them.” He is required to visit and inspect the 
schools regularly. These three officers constitute an executive C 07 n 7 nit- 
tee^ which executes the orders of the board. 

Advantages claimed for the Township System.—Certain advan¬ 
tages are claimed for this system, (i) The secretary may be a person 


EDUCATION. 


105 


of experience in school work, and so may give the schools more ade¬ 
quate supervision than is found under the district system. (2) There 
would be a tendency to reduce the number of subdistricts below the 
number of school districts under the older system; consequently, with 
fewer and larger schools, better salaries could be paid and better build¬ 
ings and equipment provided. It is proposed to go farther and to con¬ 
solidate all the schools of a town, having then but one central school. 
This would necessitate the transportation of pupils who live at a dis¬ 
tance, and the law provides that a tax may be levied for this purpose. 
In many cases, the children of a district may be carried to and from a 
central school at much less expense than would be required for the 
maintenance of a district school. 


Schools in Villages and Cities. — The district system of 
school government may be found in either towns, villages, 
or cities. In the country districts the schools are generally 
ungraded. In villages we find graded schools governed 
under the district system. Few cities have this system, but 
in most cases the city maintains its schools as a department 
of the city government, under a board of education. This 
board may be elected by the voters or appointed by the 
mayor and council.^ It appoints a superintendent of 
schools. This officer is elected at the April election for a 
term of two years, beginning the first Monday of July. 

The County Superintendent. — The district and graded 
schools of a county, except those situated in cities that have 
a city superintendent, are under the jurisdiction of the 
county superintendent. The most important power of the 
county superintendent of schools is the examination and 
certification of teachers. In the exercise of this power the 
superintendent sets a standard of attainment which deter- 

1 The latter is the method prescribed for cities under the general law, but 
the council may itself vote to elect the board. 


I06 THE GOVERNMENT OF WISCONSIN. 

mines, to a large extent, the grade and character of the 
teaching in the common schools ; and these matters vitally 
affect the welfare of the children. 

Beginning in the year 1905, the election of county 
superintendents will occur in the spring, instead of at the 
general election as formerly. His term of office is two 
years. The superintendent must possess a certificate 
qualifying him to hold this office. 

Teachers’ Institutes.—The county superintendent or¬ 
ganizes teachers’ institutes. These have two sources of 
support, (i) The Board of Regents of Normal Schools 
annually appropriates several thousands of dollars for this 
purpose.^ (2) Applicants for teachers’ certificates are 
required to pay a fee of one dollar, and this fund is used in 
each county for institutes. The selection of conductors 
and the general management of institutes is in the hands 
of the State Superintendent of Public Instruction, the officer 
next to be considered. 

The State Superintendent. — The State Superintendent, 
as one of the administrative officers of the State, was for¬ 
merly elected at the general election. But by the adoption 
of a constitutional amendment in 1902, his election and 
tenure of office were changed. 

Article X, Section i. The supervision of public instruction shall be 
vested in a State Superintendent and such other officers as the Legisla¬ 
ture shall direct; and their qualifications, powers, duties, and compen¬ 
sation shall be prescribed by law. The State Superintendent shall be 
chosen by the qualified electors of the State at the same time and in the 
same manner as members of the Supreme Court, and shall hold his 
office for four years from the succeeding first Monday in July. The 
1 In 1903 this sum was-. 



EDUCATION. 


107 


State Superintendent chosen at the general election in November, 1902, 
shall hold and continue in his office until the first Monday in July, 1905, 
and his successor shall be chosen at the time of the judicial election in 
April, 1905. The term of office, time and manner of electing or appoint¬ 
ing all other officers of supervision of public instruction shall be fixed by 
law. 

The most important duties of this officer may be stated 
under the following heads: (i) He has authority over the 
certification of teachers in many ways. (2) He distributes 
the school moneys of the State among the common and 
other schools, after determining whether they have com¬ 
plied with the laws under which they are entitled to State 
aid. (3) He decides appeals. Persons who consider 
themselves aggrieved by the action of a school meeting or 
officer may appeal to the Superintendent, who decides the 
meaning of the law and its application to each case. 
(4) He makes the lists of books for the town libraries 
and for high schools. (5) He makes courses of study for 
the district, graded, and high schools of the State. (6) 
He is a member ex officio of the Board of Regents for 
Normal Schools and of the University Board of Regents. 
(7) It is the Superintendent’s duty to visit schools, to 
arouse an interest in education, and to bring about desired 
improvements. 

In the office of the Superintendent, at Madison, assisting him in the 
performance of these duties, are an assistant superintendent, a chief 
clerk, a library clerk, a high school inspector, and two inspectors of 
graded schools. 

Compulsory Education. — Since the education given in 
the common schools has in view, not alone the advancement 
of the individual, but also the welfare of the State, it is 


I08 THE GOVERNMENT OF WISCONSIN. 

proper that the government should enact measures com¬ 
pelling persons who have charge of children to give them 
the educational opportunities to which they are entitled. 
Accordingly, every child between the ages of seven and 
fourteen years (and also those between fourteen and sixteen 
who are not regularly employed in some occupation), must 
be enrolled in a public, private, or parochial school, and 
must attend his school during its regular school year. In 
cities this attendance must be for eight months at least, 
and in towns, villages, and districts for a minimum of five 
months during the year. Provision is made for truant 
officers who shall enforce this law. 

Prescribed Studies. — The law prescribes the following 
list of studies to be taught in every district school: 
orthography, orthoepy, reading, writing, grammar, geogra¬ 
phy, arithmetic, history of the United States, the Constitu¬ 
tion of the United States, and the Constitution of Wisconsin, 
and physiology and hygiene with special reference to the 
effects of stimulants and narcotics on the human system. 

Kindergartens. — School districts and cities are author¬ 
ized to establish and support free kindergartens for children 
between the ages of four and six years. 

School Moneys. — The money required to support the 
common schools of Wisconsin comes from two sources: 
(i) taxation in the school districts and cities; (2) the dis¬ 
tribution of State money among the local governments. 
These matters are fully provided for in the Constitution. 

Article X, Section 4. Each town and city shall be required to raise, 
by tax, annually, for the support of common schools therein, a sum not 


EDUCATION. 


109 

less than one half the amount received by such town or city respectively 
for school purposes from the income of the school fund. 

Local Taxation. — The law provides that the amount of 
tax raised by any town, village, or city shall be at least 
equal to the amount received from the State; the latter 
sum is called the school ftmd income^ and is distributed as 
follows: — 

Section 5. Provision shall be made by law for the distribution of the 
income of the school fund among the several towns and cities of the 
State, for the support of common schools therein, in some just propor¬ 
tion to the number of children and youth resident therein, between the 
ages of four and twenty years, and no appropriation shall be made 
from the school fund to any city, or town, for the year in which said city 
or town shall fail to raise such tax, nor to any school district for the 
year in which a school shall not be maintained at least three months. 

The School Fund Income. — By statute, it is required that 
schools shall be maintained for seve 7 i months each year 
(except for extraordinary reasons). The school fund in¬ 
come is the interest on the money that constitutes the 
school fund; the latter is loaned to such local governments 
as desire to borrow money, and to the State government. 
(See p. 98.) Its origin is accounted for by the section 
that follows: — 

The School Fund. — Article X, Section 2. The proceeds of all lands, 
that have been or hereafter may be granted by the United States to 
this State for educational purposes (except the lands heretofore granted 
for the purposes of a University) and all moneys, and the clear proceeds 
of all property that may accrue to the State by forfeiture or escheat, and 
all moneys which may be paid as an equivalent for exemption from 
military duty ; and the clear proceeds of all fines collected, in the several 
counties for any breach of the penal laws, and all moneys arising from 
any grant to the State where the purposes of such grant are not speci¬ 
fied, and the five hundred thousand acres of land, to which the State is 


110 


THE GOVERNMENT OF WISCONSIN. 


entitled by the provisions of an act of Congress entitled “ An act to 
appropriate the proceeds of the sales of the public lands, and to grant 
preemption rights,” approved the fourth day of September, 1841 ; and 
also the five per centum of the net proceeds of the public lands to which 
the State shall become entitled on her admission into the Union (if 
Congress shall consent to such appropriation of the two grants last 
mentioned) shall be set apart as a separate fund, to be called “The 
School Fund,” the interest of which and all other revenues derived from 
the school lands, shall be exclusively applied to the following objects, 
to wit: — 

First. To the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor. 

Second. The residue shall be appropriated to the support and main¬ 
tenance of academies and normal schools, and suitable libraries and 
apparatus therefor. 

The “land granted by the United States to this State 
for educational purposes “ was section sixteen of each 
township, a total of 1523 sections, or nearly one million 
acres. The greatest part of this land has been sold, and 
this, with the proceeds from the other sources mentioned, 
constitutes the common school fiind, which is kept intact, 
growing slightly larger each year. It is loaned to the 
State and to local governments, and amounted in 1902 to 
$3,493,000. 

State and Local Taxation. — The income from this school 
fund amounts to about $200,000 each year. Added to this 
amount is a sum which is raised each year by taxation 
based on the valuation of property in the State. Formerly 
the rate of this tax was 07 ie mill on each dollar’s worth of 
property. This yielded in 1901 $630,000. Owing to the 
greatly increased valuation of property as fixed by the 
State tax commissioners, the one mill tax of 1902 was 


EDUCATION. 


I 


more than double this amount, or 1,436,284. The legis¬ 
lature of 1903 enacted a law fixing the rate of taxation for 
this purpose at seven-tenths of a mill on the assessed val¬ 
uation of all taxable property in the State. The local 
governments raise each year not only an amount equal to 
the sum yielded by the common school fund, as required by 
law, but much more besides, each district, city, and county 
taxing itself according to its needs. The total of local 
taxation for schools in 1901 was about $4,800,000. 

State Graded Schools. — By a law of 1901, State aid has 
been extended to State graded schools. These are divided 
into two classes, those having three or more departments 
being in the first class. The qualifications for teachers 
in graded schools are prescribed by this law, and it requires 
that the schools shall be in session for at least nine months 
each year. The aid given upon the fulfillment of these 
and other conditions is $300 each year for schools of the 
first class and $100 for all others. 

Free High Schools. — It is the policy of Wisconsin to 
encourage the maintenance of free high schools of excel¬ 
lent grade and adequate equipment. Towns, villages, and 
cities that maintain high schools having the prescribed 
courses of study and employing teachers of certain quali¬ 
fications are granted State aid to the extent of one-half 
the amount actually expended for instruction in their high 
school departments. The State distributes $100,000 an¬ 
nually on this account.^ When a manual training depart¬ 
ment is maintained, additional aid is received. 

1 Since the largest amount that can be received by any school is ^500, 
several of the large cities prefer to frame their own courses and manage their 


II2 


THE GOVERNMENT OF WISCONSIN. 


State Normal Schools. — There are in Wisconsin seven 
State normal schools, situated at Platteville, Oshkosh, 
Whitewater, River Falls, Milwaukee, Stevens Point, and 
Superior. It is the purpose of these schools to furnish 
education and professional training for teachers. The 
money supporting our normal school system is (i) the 
income derived from the normal school fund. This fund 
amounts to ^1,835,000 (1901), and originated in the sale of 
swamp lands which were granted by the United States to 
Wisconsin in 1850. This fund is loaned to the State and 
to counties and local governments that find it necessary 
to borrow money. (2) The Legislature appropriates money 
annually (by law of 1903, $230,000) for the support of the 
normal schools. The total receipts of the normal school 
fund income, including both of these items, was, in 1902, 
$320,000. 

The normal schools are under the control of a Board of 
Regents consisting of the State Superintendent and ten 
other members appointed by the Governor and confirmed 
by the Senate. 

County Training Schools.—The legislature of 1899 pro¬ 
vided for the establishment of county training schools for 
teachers of the common schools, each with a course of 
study and teachers approved by the State Superintendent. 
State aid was granted to two such schools, and later, in 
1901, to six. In 1903, provision was made for the support 
of eight such schools. Provision has also been made for 
extending State aid to county schools of agriculture and 


high schools independently of State law and without State aid. This applies 
to Milwaukee, La Crosse, Superior, and Oshkosh. 


EDUCATION. 


II3 

domestic science. By a law of 1903, the number of these 
schools receiving State aid might be four. Both kinds of 
schools are governed by boards consisting of the county 
superintendent and two other persons elected by the county 
board of supervisors. 

The State University. —The University of Wisconsin is 
the highest in grade of our educational institutions. It 
was provided for by the framers of the Constitution. 

Article X, Section 6. Provision shall be made by law for the estab¬ 
lishment of a State University, at or near the seat of State government, 
and for connecting with the same, from time to time, such colleges in 
different parts of the State, as the interests of education may require. 
The proceeds of all lands that have been, or may hereafter be granted 
by the United States to the State for the support of a University, shall 
be and remain a perpetual fund, to be called “The University Fund,” 
the interest of which shall be appropriated to the support of the State 
University, and no sectarian instruction shall be allowed in such Uni¬ 
versity. 

The University buildings occupy a beautiful site on the 
shores of Lake Mendota. The faculty consists of about 
200 members, and in the year 1902-3 the students en¬ 
rolled were 2,870 in number. The Board of Regents con¬ 
sists of the State Superintendent and the president of the 
University ex officio, one member from each Congressional 
district of the State, and two from the State at large, at 
least one of whom shall be a woman. 

School Lands. — Lands were granted by the United States for the 
support of the University at various times. The fund thus created is 
but a little more than $200,000, and the income from it is a very small 
part of the total sum expended in the maintenance of the University. 
In 1901, the income from this fund and the appropriations made by the 
Legislature amounted to about $340,000. The control and sale of the 



THE GOVERNMENT OF WISCONSIN. 


II4 

lands belonging to the common school and the University funds are 
provided for as follows : — 

Section 7. The secretary of state, treasurer, and attorney general 
shall constitute a board of commissioners for the sale of the school and 
University lands, and for the investment of the funds arising therefrom. 
Any two of said commissioners shall be a quorum for the transaction 
of all business pertaining to the duties of their office. 

Teachers’ Certificates. — Teachers’ certificates are granted in several 
ways: (i) The county superintendent issues three grades of certifi¬ 
cates, for which examinations are held; these certificates remain in 
force for one, three, and five years respectively. Final standing ob¬ 
tained in a normal school may be accepted instead of an examination. 
(2) Graduates of four years’ high schools who have pursued certain 
courses may have their diplomas countersigned by county superinten¬ 
dents, and thus made equivalent to a first grade county certificate; but 
any such graduate must previously have obtained a first grade certificate 
and have taught under it successfully for one year. (3) The State 
Board of Examiners is composed of three persons appointed by the 
State Superintendent. It issues, after examinations, Ihnited State cer¬ 
tificates, good for five years, and miliniited State certificates, good for 
life or until annulled. This board also issues the certificates which 
county superintendents are required to hold. (4) Normal school ele¬ 
mentary certificates and normal school and University diplomas qualify 
their holders to teach for one year. These may be countersigned by 
the State Superintendent after one year’s successful teaching, and the 
elementary certificates then become equivalent to a limited State cer¬ 
tificate, while the diplomas have the same force as an unlimited State 
certificate. (5) The diplomas of colleges and normal schools situated 
in other States may be countersigned under certain conditions, and thus 
made valid as if issued in this State. 


% 

SUGGESTIVE QUESTIONS. 

I. Make a study of the way in which the school system of your home 
is maintained and governed: (a) Is there a school meeting? 
(ft) Who are the school officers ? How do they get their posi¬ 
tion, and for what terms? (c) How are the teachers selected? 
((?) Who votes the school taxes ? How much was raised during 


EDUCATION. 


I15 

the last year ? (e) How much State aid was received ? (/) How 
is the supervision of the schools provided for? 

2. What recommendations were made by the county superintendent 

in his last report? (See published report of county board.) 

3. Do you think that the township system could be introduced to 

advantage in any part of your county? 

4. What were the provisions of Article X, Section i, before amend¬ 

ment? Why were the changes made (a) as to time of electing 
the superintendent? (&) as to length of his term? (c) as to 
his salary ? (The law now fixes this at $5000.) 

5. Is the law regarding compulsory education enforced in your 

locality ? 

6. Make a list of the sources of the school fund (Article X, Section 2). 

The amount received during the past year from each source may 
be learned in the Report of the Secretary of State (Wisconsin 
Public Documents). 

7. The money granted as “State aid” to the common, graded, and 

high schools is raised by general taxation on the property of the 
people; in this way certain localities receive more money than 
they pay in taxes, and others receive less. Can you explain the 
workings of this system and give reasons for it? (See Blue 
Book, 1901, p. 554.) 


CHAPTER XIII. 


AMENDMENTS TO THE CONSTITUTION. 

In the foregoing chapters we have frequently referred to 
the amendments that have been made to the Constitution 
of Wisconsin (see p. 3). The two methods by which 
amendments may be adopted are clearly stated in the 
article that follows : — 

Article XII. Section i. Any amendment or amendments to this 
Constitution may be proposed in either House of the Legislature, and if 
the same shall be agreed to by a majority of the members elected to 
each of the two Houses, such proposed amendment or amendments 
shall be entered on their journals with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next general election, 
and shall be published for three months previous to the time of holding 
such election. And if in the Legislature so next chosen, such proposed 
amendment or amendments shall be agreed to by a majority of all the 
members elected to each House, then it shall be the duty of the Leg¬ 
islature to submit such proposed amendment or amendments to the 
people, in such manner and at such time as the Legislature shall pre¬ 
scribe, and if the people shall approve and ratify such amendment or 
amendments by a majority of the electors voting thereon, such amend¬ 
ment or amendments shall become part of the Constitution. Provided^ 
that if more than one amendment be submitted, they shall be submitted 
in such manner that the people may vote for or against such amend¬ 
ments separately. 

Section 2. If at any time a majority of the Senate and Assembly 
shall deem it necessary to call a convention to revise or change this 
Constitution, they shall recommend to the electors to vote for or against 
a convention at the next election for members of the Legislature; and 

116 


AMENDMENTS TO THE CONSTITUTION. 117 

if it shall appear that a majority of the electors voting thereon have 
voted for a convention, the Legislature shall at its next session provide 
for calling such convention. 

Many amendments have been adopted by the method 
stated in section i ; but we have never had in this State a 
convention for the revision of the Constitution. 

SUGGESTIVE QUESTIONS. 

1. In the Blue Book the amendments are printed separately, and here 

may be learned the total number that have been adopted. 

2. Were any amendments submitted to popular vote at the last elec¬ 

tion? If so, upon what subjects, and with what results? 

3. Why should a proposed amendment be printed for three months 

preceding the general election following its first adoption by the 
Legislature ? 

4. What reasons can you give for the requirement that an amendment 

should be adopted by two Legislatures ? 



■j! 

1 









INDEX 


Adjutant General, 36. 

Administrative departments, chap. 7. , 
Amendments, chap. 13. 

Appeals, 62. 

Appointments, 33. 

Apportionment of members of Legis¬ 
lature, 12-13 I of taxes, 88, 89. 
Arbitration, State Board of, 44. 

Arrest, 56-57. 

Assembly, ii ff. 

Assessment, 83 ff.; Supervisor of, 86. 
Attainder, 6. 

Attorney General, 42. 

Auditor, 41. 

Ballot, official, 78. 

Banks, State, 101-102. 

Barber Examiners, State Board of, 46. 
Bills in Legislature, 23 ff. 

Canvass, 79-80. 

Capitol building, ii. 

Cases, 51, 55, 62. 

Caucus, 74-75. 

Certificates, of election, 80; teachers’, 114; 

of indebtedness, 98. 

Certiorari, 66. 

Challenges, in trials, 60; in elections, 79. 
Charitable Institutions, 97, 98. 

Cliarters, 30. 

Circuit Courts, 52-53. 

Civil Cases, 62. 

Committees in Legislature, 21 ff.; of 
political parties, 74. 

Complaint, 55-56. 

Compulsory education, 107-108. 
Contested elections, 14. 

Contracts, 27-28. 

Control, State Board of, 47-48. 
Conventions, political, 74-75. 

I 


Corporation taxes, 96-97. 

Corporations, 29-31. 

County Superintendent of schools, 105- 
106. 

County schools of agriculture and 
domestic science, 113. 

County training-schools, 112. 

Courts, 51 ff. ; Jurisdiction of, 63-64. 

Dairy and food commissioner, 46. 

Debts, public, 98-101. 

Defendant, 55. 

Delinquent taxes, 91-92. 

District school system, 103-104. 

Education, chap. 12. 

Elections, chap. 9. 

Eminent domain, 7. 

Equalization of assessments, 86-88. 
Examiners, State Boards of, 45. 
Exceptions, bill of, 61. 

Executive mansion, 38-39. 

Executive power, chap. 6. 

Exemptions from taxation, 83: from 
jury duty, 59. 

Expenditures, State, 94-95. 

Ex post facto laws, 6-7. 

Finances, State, chap. ii. 

Fish and game laws, 48. 

Geological and natural history survey, 
48-49, 50. 

Gerrymanders, 13. 

Governor, power over bills, 25-26; pow¬ 
ers and duties, chap. 6; salary, 38; 
inauguration, 39. 

Graded schools, in. 

Grand jury, 57. 

9 




INDEX. 


120 

Habeas Corpus, 65. 

Health, State Board 01,45-46. 

High schools, in. 

Historical Society, State, 48, 50. 

Impeachment, 67-68. 

Indians, as voters, 72, 

Injunction, 66. 

Insurance commissioner, 43. 

Judicial department, chap. 8. 

Jury trial, 5-6, 58-62. 

Kindergartens, 108. 

Labor and industrial statistics, bureau 

of. 43 - 44 - 

Laws, how made, chap. 4; special legis¬ 
lation, 28 ft'. 

Legacy tax, 98. 

Legislature, chaps. 3-5; powers, 10; ses¬ 
sions, lo-ii; numbers, ii; rules, 14; 
officers, 15; publicity, 15-16; voting, 
16; vacancies, 17; pay of members, 
17; limitations of, chap. 5; special 
sessions, 34. 

Lieutenant Governor, 15, 37-38. 

Lobby, 22-23. 

Mandamus, 66. 

Militia, 35-36. 

Nomination papers, 75. 

Nominations and elections, chap. 9. 
Normal schools, 112. 

Northwest territory, i. 

Pardons, 34. 

Passes, railway, 18-19. 

Penal institutions, 97, 98. 

Petit jury, 59. 

Plaintiff, 55. 

Platforms, party, 76. 

Preamble, 3. 

Preliminary examination, 58. 

Primary election system, 76-77. 

Probate courts, 66-67. 

Property, personal, 84-85. 

Property tax, 82. 

Quartermaster-General, 36. 


Quorum, 14. 

Quo warranto, 66. 

Railroad Commissioner, 42-43. 

Real estate, 84. 

Registration, 79. 

Religion, freedom of, 7-8. 

Revenues, State, 95-98. 

Rights, chap. 2. 

School board, 104. 

School fund, 109-110. 

School meeting, 103. 

School moneys, 108 ff. 

Schools, district, 103-104 ; township, 
104; village and city, 105; graded, 
III; free high, in; normal, 112; 
county training, 112; county agricul¬ 
ture and domestic science, 113. 

Search warrant, 56-57. 

Secretary of State, 40-41. 

Senate, ii ff. 

Subpoena, 61. 

Superintendent of schools, county, 105- 
106; State, 106-107. 

Supreme Court, 54, 64-65. 

Talesmen, 60. 

Taxation, local, chap. 10; of corpora¬ 
tions, 96-97. 

Tax certificate, 92. 

Tax commission. State, 89-90. 

Teachers’ certificates, 114. 

Teachers’ institutes, 106. 

Township school system, 104-105. 
Treason, 6. 

Treasurer, State, 42. 

Trial, steps in, 61-62. 

Undervaluation, 84-85. 

University, State, 113-114. 

"Venire, 59. 

Veterinarian, State, 46. 

Voters, qualifications of, 70-72. 

Voting, process, 79. 

"Wisconsin, history, chap, i; boundaries, 
1-2; territory, 2, 3. 

"Women as voters, 72. 



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